the supports of rpoa initiative to indonesia in dealing
TRANSCRIPT
THE SUPPORTS OF RPOA INITIATIVE TO
INDONESIA IN DEALING WITH ILLEGAL FISHING
(2012-2016)
By:
DHANNY SAFITRI
ID No. 016201300039
A Thesis presented to the Faculty of Humanities
President University
In partial fulfillment of the requirements for
Bachelor Degree in International Relations
Major In Diplomacy Studies
January 201
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ABSTRACT
Indonesia has experienced the rampant occurrence of illegal, unreported, and
unregulated (IUU) fishing, which brings a lot of negative impacts. IUU fishing is a
serious concern, it endanger not only the fisheries resources and ecosystem but also
endanger the state’s food security, maritime security, and triggers conflict between
state. Therefore, there is a need of effort from Indonesian government to combat
IUU fishing. Thus, Indonesia’s involvement in regional cooperation namely the
Regional Plan of Action to Promote Responsible Fishing Practices including
Combating Illegal, Unreported and Unregulated Fishing in the Region, popularly
known as RPOA, become one the respond of IUU fishing threat. The RPOA has
eleven core Action Plan in which this thesis is significant in providing detailed
information and explanation particularly about RPOA’s core action of
strengthening monitoring, control, and surveillance (MCS) system through RPOA
MCS networks. The study is conducted by using the qualitative method of analysis
by using book, official document and report from RPOA and its participating
country as the primary data, and other sources provided by other institution or
individual as secondary data. The result of this thesis will explain how has the
RPOA MCS network help Indonesia in combating IUU fishing in 2012-2016.
Keywords: IUU, RPOA, MCS networks, Indonesia’s involvement
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ABSTRAK
Indonesia adalah sebuah negara yang masih mengalami maraknya praktik
penagkapan ikan yang ilegal, tidak dilaporkan dan tidak di atur dimana hal tersebut
membawa banyak dampak negatif. Praktik penangkapan ikan secara illegal, tidak
dilaporkan, dan tidak di atur adalah sebuah permasalahan serius, yang mana tidak
hanya membahayakan sumber daya perikanan dan ekosistemnya, tetapi juga
membahayakan ketahanan pangan suatu negara, keamanan maritim, dan juga dapat
memicu konflik antara negara. Oleh karena itu, dibutuhkan usaha pemerintah
Indonesia untuk memerangi praktik penangkapan ikan ilegal. Demikian,
keterlibatan Indonesia dalam Regional Plan of Action to Promote Responsible
Fishing Practices including Combating Illegal, Unreported and Unregulated
Fishing in the Region yang lebih baik dikenal dengan nama RPOA, menjadi salah
satu bentuk dari upaya Indonesia untuk merenspon ancaman praktik penangkapan
ikan ilegal. RPOA memiliki sebelas rencana aksi pokok yang mana dalam skripsi
ini signifikan dalam memberikan informasi dan analisis yang mendetail khususnya
tentang rencana aksi RPOA dalam memperkuat sistem pemantauan, pengendalian
dan pengawasan (monitoring, control, and surveillance atau MCS) melalui RPOA
MCS Networks. Kajian ini dilaksanakan dengan menggunakan metode kualitatif
dengan menggunakan buku, dokumen dan laporan resmi dari RPOA dan negara
anggotanya sebagai data primer dan sumber lainnya yang disediakan oleh institusi
atau individu lain sebagai data sekunder. Hasil dari skripsi akan menjelaskan
bagaimana RPO MCS Network dapat membatu Indonesia dalam memerangi
penagkapan ikan illegal pada 2012-2016.
Kata kunci: Praktik penangkapan ikan illegal, RPOA, MCS Networks, keterlibatan
Indonesia.
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ACKNOWLEDGEMENT
Alhamdulillah, finally I can finish my thesis. First, I would like to express
my greatest gratitude to Allah SWT, there is no words that can explain how grateful
I am for His blessing all this time. This thesis writing process is one the most
challenging moments in my life and without Allah who always there in my ups and
down, it is impossible for me to finish it.
I dedicate this thesis and degree to my beloved family, my mother Arlita
Chaironi, my father Sofyan Souri, my brothers Arief Fajryanto and Yanuar Rizki.
Thank you for the endless love, support, guidance, and prayer that you gave me. I
may not a perfect daughter and sister, but you know how much I love you and how
much I try my best to make you happy. I am so grateful to be born in such lovely
family, I cannot thank Allah enough for that.
Dr. Muhammad A.S Hikam, MA.APU, my super and humble thesis
supervisor, thank you so much for your suggestion, guidance, and patience. I am so
fortunate to have an advisor like you and I cannot expect better thesis advisor than
you.
Thank you also for Mr. Indra Alverdian, who has helped me by spare his
time and giving suggestion in this thesis writing. Mr. Hendra Manurung as Head of
IR Study Program, Mr. Haris Rahmat Pratama as my internship advisor, and all of
IR lecturers that I cannot mentioned one by one, thank you for every valuable
knowledge and learning experiences that you have taught and gave me.
Another special thanks to Mr. Ahmad Firdaus, Mr. Topan Renyaan and Mr.
Syam Widarda as RPOA Secretariat member, thank you for provide me such a
valuable sources for my thesis and give me insight regarding the RPOA and how it
works. Without data and information from you, I have been not able to finish this
thesis.
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For Novy, thank you for becoming such a great supporter and a best friend
to lean on and especially thank you for accommodate me a room, printer, and Wi-
Fi during my stay at Jakarta. For Petri, Jasmine, Hari, Agatha, Andini, and Silmi
thank you for all laugh, joy, silliness, bad and good day in this past 3,5 year of our
study in IR. For Chintya, Abdul, and Elok, thank you for being such incredible
thesis squad. Thank you for every story, companion, sharing session, discussion,
and suggestion during the thesis writing process.
For Ayu, thank you for being an amazing roommate for 3 years, thank you
for every time and journey we spend with, I appreciate it. Thank you also goes to
Kak Micchi, my lovely former dorm-mate, thank you for being a sister for me and
thank you for your suggestion and guidance in the beginning of thesis writing
process when I am really confused. Obviously special thanks to Kak Qiqi, a best
sister in this uni life that I can ask for, who always accompanied to looking data and
information in MMAF, thank you for those time, energy, and money that you spend
because of me during this past 4 months.
For Diverventure family especially Diverventure batch 12: Yoyo, Dita,
Dila, Tya, Chintya, Nata, Nisa, Shinta, Bryan, Faris, Bagus, and Danar (as well as
Ayu that have mentioned earlier), thank you for every journey we spend in ups and
down, in the good and bad day, in laugh and cry. You guys are beyond a best friend,
you are perfect in your imperfection.
Last, thank you for every person that I met in Presuniv Magazine, Charity
Club, President University, and President University Student Housing that I cannot
mentioned one by one, you guys complete me in this incredible uni life.
Cikarang, 27 January 2017
Dhanny Safitri
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TABLE OF CONTENTS
THESIS ADVISER RECOMMENDATION LETTER .................. Error! Bookmark not defined.
DECLARATION OF ORIGINALITY ........................................... Error! Bookmark not defined.
PANEL OF EXAMINERS APPROVAL SHEET .......................... Error! Bookmark not defined.
ABSTRACT ................................................................................................................................. iv
ABSTRAK .................................................................................................................................... v
ACKNOWLEDGEMENT ............................................................................................................ vi
TABLE OF CONTENTS ........................................................................................................... viii
LIST OF FIGURES ....................................................................................................................... x
LIST OF TABLES ....................................................................................................................... xi
LIST OF ACRONYMS ...............................................................................................................xii
CHAPTER I INTRODUCTION .................................................................................................... 1
I.1 Background of the Study ...................................................................................................... 1
I.2 Problem Identification .......................................................................................................... 3
I.3 Statement of the Problem ..................................................................................................... 4
I.4 Objective of the Study .......................................................................................................... 4
1.5 Significance of the Study ..................................................................................................... 4
I.6 Theoretical Framework ........................................................................................................ 5
1.6.1 Non-Traditional Security (NTS) ...................................................................................... 5
I.6.2 Regionalism ..................................................................................................................... 7
1.6.3 National Interest .............................................................................................................. 7
I.7 The Scope and Limitations of the Study ............................................................................... 8
I.8 Definition of Terms .............................................................................................................. 9
I.9 Thesis Outline .................................................................................................................... 10
CHAPTER II LITERATURE REVIEW ...................................................................................... 13
CHAPTER III METHODOLOGY ............................................................................................... 17
III.1 Research Method ............................................................................................................. 17
III.2 Research Framework ....................................................................................................... 18
III.3 Research Time and Place ................................................................................................. 19
III.4 Research Instrument ........................................................................................................ 20
CHAPTER IV ILLEGAL, UNREPORTED, AND UNREGULATED FISHING IN INDONESIA
.................................................................................................................................................... 21
IV.1 Concept of IUU Fishing................................................................................................... 21
IV.2 The Development of IUU Fishing Concept ...................................................................... 24
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IV.2.1 Development through Commission of Conservation of Antarctic Marine Living
Resources ............................................................................................................................... 24
IV.2.2 Development through Food and Agriculture Organization ........................................... 25
IV.3 IUU Fishing in Indonesia ................................................................................................. 27
IV.3.1 Overview of IUU Fishing in Indonesia ........................................................................ 27
IV.3.2 Causes of IUU Fishing in Indonesia ............................................................................. 33
IV.3.3 Impacts of IUU Fishing in Indonesia ........................................................................... 38
CHAPTER V THE REGIONAL PLAN OF ACTION (RPOA) ................................................... 40
V.1 Establishment of Regional Plan of Action ......................................................................... 40
V.2 The Action Plan of the Regional Plan of Action ................................................................ 43
V.3 Organizational Structure of the Regional Plan of Action ................................................... 46
V.4 The Development of Regional Plan of Action ................................................................... 48
V.5 Indonesia’s Involvement on the Regional Plan of Action .................................................. 52
CHAPTER VI THE ANALYSIS OF THE SUPPORTS OF RPOA INITIATIVE TO INDONESIA
IN DEALING WITH ILLEGAL FISHING (2012-2016) ............................................................. 56
VI.1 The Overview of RPOA MCS Networks ......................................................................... 56
VI.2 RPOA Sub-Regional MCS Networks .............................................................................. 59
VI.2.1 RPOA Sub-Regional of the Arafura and Timor Seas MCS Networks ........................... 59
VI.2.1.1 Information Sharing ........................................................................................... 59
VI.2.1.2 Cooperative Intelligence Gathering .................................................................... 59
VI.2.1.3 Cooperative Operations ...................................................................................... 61
VI.2.2 RPOA Sub-Regional of the Southern and Eastern Area of the South China Sea and the
Sulu-Sulawesi Seas MCS Networks ....................................................................................... 64
VI.2.2.1 Information Sharing ........................................................................................... 64
VI.2.2.2 Simplification of Workplan ................................................................................ 65
VI.3 RPOA Regional MCS Network through IUU Fishing Vessel List .................................... 66
VI.4 The Weaknesses of RPOA MCS Networks ...................................................................... 75
CHAPTER VII CONCLUSION AND RECOMMENDATION ................................................... 77
BIBLIOGRAPHY ....................................................................................................................... 81
APPENDIX ................................................................................................................................. 86
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LIST OF FIGURES
Figure 1. 1 Scheme of framework for the support of RPOA MCS Networks to Indonesia,
constructed by the writer ............................................................................................ 5
Figure 3. 1 The research framework used by the writer in explaining the whole
part of the thesis…...........................……………..................................................18
Figure 4. 1 Map of Management and Exploitation Region (WPP) of marine
fisheries (Permen KP No. PER.01/Men/2009)……………………...……...........28
Figure 4. 2 World Capture Fisheries Production (1960-2014)..............................33
Figure 5. 1 The RPOA Organizational Structure...................................................46
Figure 6. 1 Map of RPOA MCS Sub-Regional Network of the Gulf of
Thailand..................................................................................................................57
Figure 6. 2 Map of RPOA MCS Sub-Regional Network of the Southern and
Eastern of South China Sea and Sulu Sulawesi Seas ............................................ 58
Figure 6. 3 Map of RPOA MCS Sub-Regional Network of the Arafura and Timor
Seas ....................................................................................................................... 58
Figure 6. 4 Map of Dog Leg Area ......................................................................... 60
Figure 6. 5 Photograph of vessel Fu Yuang Yn 167 (left) and Fu Yuang Yu 165
(right) from the Australia surveillance .................................................................. 63
Figure 6. 6 Identification of FV Thunder by Australia Fisheries Management
Authority (AFMA) ................................................................................................ 71
Figure 6. 7 Photograph of FV Thunder by Australia on 14 April 2014 ................ 71
Figure 6. 8 Identification of FV Viking by Australia Fisheries Management
Authority (AFMA) ................................................................................................ 72
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LIST OF TABLES
Table 3. 1 The Timeline of the research ............................................................... 19
Table 4. 1 Regions of WPP-NRI…………………................................................29
Table 4. 2 IUU Fishing Practice in Indonesia year 2006-2013..............................32
Table 5. 1 The RPOA Activities 2012-2016…………..........................................50
Table 6. 1 RPOA Vessel Movement and Sighting List on 2013 .......................... 68
Table 6. 2 RPOA Vessel Movement and Sighting List on 2014 .......................... 68
Table 6. 3 RPOA Vessel Movement and Sighting List on 2015 .......................... 69
Table 6. 4 RPOA Vessel Movement and Sighting List on 2016 .......................... 69
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LIST OF ACRONYMS
AFMA : Australian Fisheries Management Authority
CCRF : The Code of Conduct for Responsible Fisheries
EEZ : Exclusive Economic Zone
FAO : Food and Agriculture Organization
IPOA-IUU : International Plan of Action to Prevent, Deter, and Eliminate IUU
Fishing
IUU : Illegal, Unreported, and Unregulated
MCS : Monitoring, Control, and Surveillance
MMAF : Ministry of Marine Affairs and Fisheries
NPOA-IUU : National Plan of Action to Prevent and to Combat IUU fishing
PSM : Port State Measures
RPOA : Regional Plan of Action
SEAFDEC : Southeast Asian Fisheries Development Center
SIKPI : Surat Izin Penagkapan Ikan (Fish Carrier License)
SIPI : Surat Izin Penangkapan Ikan (Fishing License)
SIUP : Surat Izin Usaha Perikanan (Fisheries Business Permit)
VMS : Vessel Monitoring System
WPP-NRI : Wilayah Pengelolaan Perikanan Negara Republik Indonesia
(Fisheries Management Area of the Republic of Indonesia)
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CHAPTER I
INTRODUCTION
I.1 Background of the Study
Indonesia is one of the largest archipelagic countries in the world, consisting
of 17,504 islands and two thirds of its territory is dominated by ocean. With a
coastline length of 81.000 km, Indonesia has the second longest coastline in the
world. Strategically, its geographical location between two continents, Asia and
Australia, and between two oceans, the Indian and Pacific, has made it become one
of the busiest trade routes. These advantages make Indonesian territorial waters
very important in terms of geopolitical, political, economical, and security
considerations.
Moreover, the Indonesian waters is rich with natural resources including in
fisheries sector. Indonesia is third in position of the top fishing countries, after
China and Vietnam.1 Based on the FAO, Indonesia’s fishery production reaches
approximately 8.9 million tonnes.2 This fact affects the increasing possibility of
maritime resource exploitation by the internal and external parties of Indonesia.
Globally, until 2003, 75 percent of the fisheries in the world are already
being fully exploited, overexploited, or depleted.3 Irresponsible exploitation
fisheries such as illegal, unregulated, and unreported (IUU) fishing are factors that
become threats to the sustainability of the world’s fisheries. One of the international
organizations that is concerned and regulates the IUU fishing issue is the FAO. The
FAO has formulated a Code of Conduct for Responsible Fisheries with the focus of
1 Food and Agriculture Organization of the United Nations. Fisheries and Aquaculture Department.
(2007). The state of world fisheries and aquaculture, 2006. Rome: Food and Agriculture
Organization of the United Nations. 2Food and Agriculture Organization of United Nations. (n.d.). Fisheries and Aquaculture Country
Profiles: The Republic of Indonesia. Retrieved from http://www.fao.org/fishery/facp/IDN/en 3 Food and Agriculture Organization of United Nations. (2003). FAO calls for intensified action to
combat illegal fishing. Retrieved from http://www.fao.org/english/newsroom/news/2003/25379-
en.html
2
marine ecosystem sustainability and its resources. The overall objective of the Code
of Conduct for Responsible Fisheries is sustainable fisheries. The FAO realizes the
issues of IUU fishing in the world’s fisheries as a serious and increasing concern.
The efforts to conserve and manage fish stocks are undermined by IUU fishing. The
FAO believes that IUU fishing can lead to the collapse of the fisheries industry,
which is also a blow to efforts of returning the fisheries resources to its maximum
condition in as it was in the past.4
Illegal fishing itself, categorically, is a part of a non-traditional security
(NTS) threat along with issues such as climate change, human trafficking, animal
trafficking, and drug smuggling. As having the second largest coastline in the world
and its rich natural resources as mentioned above, Indonesia has become the target
of IUU fishing practices and has frequently experienced the practices of IUU fishing
in their waters. Indonesia claims that the country loses up to 3 million tonnes of fish
per year, which would have a value of around 300 billion rupiah or US$22 billion
in revenue.5 This means that due to IUU fishing practices in its territorial waters,
Indonesia faces non-traditional security threats in the country.
To make sure of the availability of fish for future generations, some
countries and organizations have taken action to preventing, tackling, and
combating the irresponsible fisheries exploitation like IUU fishing. Indonesia still
frequently facing the IUU fishing practice although many efforts have been
conducted to stop it. In the case of Indonesia, the country not only tries to prevent
and combat illegal fishing through national policies, they also build and maintain
bilateral, regional, and multilateral cooperation.
4 (2001). International Plan of Action to Prevent, Deter, and Eliminate Illegal, Unreported and
Unregulated Fishing pdf. Rome: Food and Agriculture Organization of the United Nations 5 Johara and Sir. (2015, November 22). Jokowi: Indonesia Rugi Rp300 Triliun Akibat Pencurian
Ikan. Retrieved from POSKOTANEWS: http://poskotanews.com/2015/11/22/jokowi-indonesia-
rugi-rp300-triliun-akibat-pencurian-ikan /
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I.2 Problem Identification
In an effort to combat IUU fishing in Indonesia and in the region of
Southeast Asia, Indonesia has entering the regional cooperation with ten
neighboring countries. For instance, Indonesia and Australia have initiated the
establishment of the Regional Plan of Action to Promote Responsible Fishing
Practices including Combating Illegal, Unreported and Unregulated Fishing in the
Region, known as RPOA. The RPOA was agreed and signed by fishery ministers
of 11 countries, including Indonesia, Australia, Timor Leste, Papua New Guinea,
Singapore, Malaysia, Brunei Darussalam, Vietnam, the Philippines, Cambodia and
Thailand on 4th May 2007 in Bali, Indonesia.6
The RPOA has eleven core actions, which cover the issues of the current
resource and management situation in the region; implementation of international
and regional instruments; roles of regional and multilateral organizations; coastal
state responsibilities; flag state responsibilities; port state measures; regional market
measures; regional capacity building, strengthening the monitoring, control, and
surveillance (MCS) system; transshipment at sea; and implementation.7
The writer would like to give explanations about the RPOA as one of
regional cooperation that can support Indonesia in combating the non-traditional
security (NTS) threat, focused on IUU fishing. Hence, the writer will particularly
focus on Indonesia’s involvement in the RPOA core actions of strengthening
monitoring, control, and surveillance (MCS). In order to practice the core action,
RPOA participating country should enter the RPOA MCS Network. Hence, this
thesis aims to describe how involvement of Indonesia on RPOA regional and sub-
regional MCS networks has supporting Indonesia’s efforts in combating IUU
fishing activities (2012-2016).
6 Ida Kusuma Wardhaningsih, Budi Halomoan, Ardiansyah, Rochman Nurhakim, Saiful Umam,
Verra Septiowati, Edwin Suharyadie, Aji Baskoro, Ahmad Firdaus, Azhimi R. Sutiadi. (2011).
Regional Plan of Action Activities 2006-2011. Retrieved from: Secretariat of RPOA IUU Fishing.
Indonesia. Jakarta. 7 Ibid
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I.3 Statement of the Problem
This thesis aims to describe the use of the RPOA sub-regional and regional
MCS networks in supporting Indonesia in combat IUU fishing practices during the
period of 2012-2016. Based on what has been stated above, the research question
is as follows:
“How has the RPOA initiatives through MCS Networks in
supporting Indonesia’s effort to combat the existing IUU fishing
in its territory during the period of 2012-2016?”
I.4 Objective of the Study
According to the statement of the problem above, the objective of this thesis is
twofold:
To describe the RPOA MCS network and Indonesia’s involvement as one
of Indonesia strategies in combating IUU fishing practices.
To explain the use of the RPOA MCS network in order to combating IUU
fishing in Indonesia from 2012-2016
1.5 Significance of the Study
The significance of this study regarding the use of the RPOA in combating IUU
fishing in Indonesia is as stated as follows:
To describe the RPOA in general as the regional cooperation of 11 countries
in combating IUU fishing.
To describe specifically the RPOA’s core actions on strengthening MCS
through the sub-regional and regional networks and Indonesia’s
involvement as a participating country towards it, in support of the efforts
of combating IUU fishing within Indonesian water zones.
To contribute in academic interest, particularly research activities in the
field of International Relations, whose focus is on illegal fishing as one of
the most important non-traditional security threats.
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I.6 Theoretical Framework
To accommodate the need of understanding the case of Indonesia's effort in
combating IUU fishing through regional cooperation by the practice of the RPOA
core action plan, it is appropriate to use the theory of regionalism and concepts of
NTS and national interest.
1.6.1 Non-Traditional Security (NTS)
In international relations study, many would consider that security is one
of the most important areas of study. The discipline of security was emerged
after World War I and II. Barry Buzan, one of a scholar that studies international
relations perceived security as:
“In the case of security, the discussion is about the pursuit of
freedom from threat. When this discussion is in the context of
international system, security is about the ability of states and
Figure 1. 1 Scheme of framework for the support of RPOA MCS Networks to Indonesia,
constructed by the writer
Non-Traditional
Security (IUU
Fishing)
Indonesia
RPOA
RPOA
MCS
Network
Indonesia
IUU Fishing
Problem
National
Interest
Regionalism
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societies to maintain their independent identity and their
functional integrity”8
The idea of security has continuously been discussed and at the end of
Cold War, there has been a growing awareness on the need to widen the concept
of security due to globalization, environmental degradation and international
terrorism. Globalization has impacted the nature of IR and our understanding of
international relations, which has also impacted our understanding and
conceptualization of security. These changes have led to a realization about the
sources of security and insecurity and the actors involved. In conventional
views, security threats are the result of one state’s actions to other states
especially regarding military threats; these issues are regarded as traditional
security. However, globalization has broadened the concept of security further
than that. Globalization has emerged the realization of people towards non-
traditional security. 9
NTS threats could be defined as threats to the states by non-military
actions. NTS threats are perceived as the result of non-state actors like
individuals or sub-groups; below the level of the states. The issues on NTS
threats include climate change, intellectual property rights, human trafficking,
animal trafficking, drug smuggling, money laundering, illegal fishing, and so
on.
Hereby, the concept of NTS will be used in explaining the IUU fishing
practice. Therefore, Indonesia has conducted many efforts to combat IUU
fishing in order to protect the nation from these non-traditional security threats.
This leads to establishment and involvements of eleven countries in Southeast
Asia region and its surrounding on the regional cooperation, RPOA.
8Worall, J. (2014). The Evolution of Non-Traditional Security. In International Relations (p. 186).
Kuala Lumpur, Malaysia: Pearson Malaysia Sdn Bhd. 9 Ibid
7
I.6.2 Regionalism
According to Josep Nye, regionalism is:
“In the descriptive sense (it means)… the formation of interstate
associations or groupings on the basis of regions; and in the
doctrinal sense, the advocacy of such formations.”10
Meanwhile, according to the late Hasnan Habib, one of prominent voice in
Indonesia aptly put it as follows:
“Regionalism is the expression of regional consciousness that
develop from a sense of identity among states situated in
geographical proximity which motivates them to mutually
cooperate in one or another mode to attain common goals,
satisfy common needs or to solve political, economic, and other
practical problem.”11
To put it simply, regionalism generally indicates the multilateral
groupings of neighboring nations. Regionalism is largely perceived as one of
the few instruments that are available to manage the impact of globalization.12
Indonesia and other ten neighboring countries that joined the RPOA have shared
water zones and mutual interest in protecting their nations and regions from
IUU fishing practices. Hence, the regionalism is use by the writer in explaining
the action taken by the RPOA’s participating country in their involvement in
RPOA and its MCS networks.
1.6.3 National Interest
According to Brookings Institution, the term of national interest is what
a nation feels to be necessary to its security and well being. Meanwhile,
according to Vernon Von Dyke, national interest means the values, desires, and
interest of a state which they seek to protect or achieve in relation to each
10 Dosch, J. (2014). Regionalism and Regional Integration: The Case of ASEAN. In International
Relations (p. 93). Kuala Lumpur, Malaysia: Pearson Malaysia Sdn Bhd. 11 Ibid 12 Dosch, J. (2014). Regionalism and Regional Integration: The Case of ASEAN. In International
Relations (p. 93). Kuala Lumpur, Malaysia: Pearson Malaysia Sdn Bhd.
8
other.13 Broadly, the national interest is a goals of a states which they want to
achieve.
In this thesis, the writer use the concept of national interest to explain
Indonesia’s reason in joining the RPOA and the RPOA MCS Network, in which
national interest of Indonesia in this case is to combat IUU fishing. Indonesia’s
interest to combat IUU fishing is in order to protect its fisheries resources and
ecosystem, food security, and other negative impact that might be caused by
IUU fishing activities as they are very crucial to the state and the lives of the
Indonesian people. Hence, to achieve the Indonesia national interest in
combating IUU fishing need to face through regional cooperation since the IUU
fishing cannot be combat solely by Indonesia due to the actor of IUU fishing is
came from both Indonesia and foreign fishing vessel where they conduct their
activities in the waters zone of Indonesia or other country.
I.7 The Scope and Limitations of the Study
This research describes and explaines the Indonesian efforts to combat the
IUU fishing, focusing on the involvement of Indonesian Ministry of Marine Affairs
and Fisheries (MMAF) on the RPOA. The RPOA core action that want to be
highlighted by the writer is strengthening the MCS system through the RPOA MCS
Networks. The scope and limitations of this research are:
The effort of Indonesia in combating IUU fishing through regional
cooperation of RPOA, particularly the RPOA MCS networks
This thesis will not examine the effectiveness of the RPOA and RPOA MCS
Networks.
The periodization is from 2012-2016
13 National Interest: Meaning, Components and Methods. (n.d.). Retrieved from
http://www.yourarticlelibrary.com/international-politics/national-interest-meaning-components-
and-methods/48487/
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I.8 Definition of Terms
1.1.1 Illegal, Unreported and Unregulated (IUU) fishing (FAO IPOA-IUU)
Illegal fishing refers to activities:
- conducted by national or foreign vessels in waters under the
jurisdiction of a state, without the permission of that state, or in
contravention of its laws and regulations;
- conducted by vessels flying the flag of states that are parties to a
relevant regional fisheries management organization but operate in
contravention of the conservation and management measures adopted
by that organization and by which the states are bound, or relevant
provisions of the applicable international law; or
- in violation of national laws or international obligations, including
those undertaken by cooperating states to a relevant regional fisheries
management organization.
Unreported fishing refers to activities:
- which have not been reported, or have been misreported, to the
relevant national authority, in contravention of national laws and
regulations; or
- undertaken in the area of competence of a relevant regional fisheries
management organization which have not been reported or have been
misreported, in contravention of the reporting procedures of that
organization.
Unregulated fishing refers to activities:
- in the area of application of a relevant regional fisheries management
organization that are conducted by vessels without nationality, or by
those flying the flag of a state not party to that organization, or by a
fishing entity, in a manner that is not consistent with or contravenes
the conservation and management measures of that organization; or
10
- in areas or for fish stocks in relation to which there are no applicable
conservation or management measures and where such fishing
activities are conducted in a manner inconsistent with state
responsibilities for the conservation of living marine resources under
international law.
1.1.2 Vessel (RPOA)
Vessel means any vessel, ship of another type or boat used for, equipped
to be used for, or intended to be used for, fishing or fishing related activities;
where fishing related activities means any operation in support of, or in
preparation for, fishing, including the landing, packaging, processing,
transshipping or transporting of fish that have not been previously landed at a
port, as well as the provisioning of personnel, fuel, gear and other supplies at sea.
1.1.3 Monitoring, Control, and Surveillance (FAO Term Portal)
Monitoring, Control and Surveillance refers to activities undertaken by
the fishery enforcement system to ensure compliance with fishery regulations:
Monitoring is the collection, measurement and analysis of fishing capacity
including, but not limited to catch, species composition, fishing effort, by-
catch, discards, areas of operation;
Control involves the specification of the terms and conditions under which
resources can be harvested
Surveillance involves the regulation and supervision of fishing activity to
ensure that national legislations as well as terms and conditions of access
and management measures are observed.
I.9 Thesis Outline
I.9.1 Chapter I – Introduction
The first chapter is an introduction of the research by describing what
topic is being discussed and observed. The structure of this chapter includes the
background of the study, problem identification, statement of the problem,
11
objective of the study, significant of the study, theoretical framework, scope and
limitations of the study and thesis outline. This chapter is intended to give the
readers a glance of the main discussion of the research.
I.9.2 Chapter II – Literature Review
The second chapter of this study will give information about literatures
used by the writer as the reference during the writing process of this thesis. The
writer will give the overview about several literature and explain why it is relevant
and significantly influencing this thesis.
I.9.3 Chapter III – Research Methodology
The third chapter of this study is about the research methodology. In this
chapter the writer will explain about the type of analysis approach is used in
writing this thesis, the instrument of research, and the time and place of research
being conducted.
1.9.4 Chapter IV - The Overview of Illegal, Unreported, and Unregulated
Fishing in Indonesia
The fourth chapter of this study will describe the illegal, unregulated, and
unreported (IUU) that has happened in Indonesia. This chapter will be divided
into several subtopics that will be explaining the concept of IUU fishing, the
development through in world fisheries, and the practices of IUU fishing in
Indonesia including the overview, causes, and impacts of IUU fishing in
Indonesia.
1.9.5 Chapter V – The Regional Plan of Action (RPOA)
The fifth chapter will give an overview of what is Regional Plan of Action
(RPOA), from the history of establishment, the member, organizational structure,
core action plans, its development, up to how Indonesia’s involvement in this
regional cooperation.
12
1.9.6 Chapter VI – The Analysis of the Supports of RPOA Initiative to
Indonesia in Dealing with Illegal Fishing (2012-2016)
The sixth chapter of this study firstly will describe and explain explains
about the RPOA monitoring, control, and surveillance (MCS) sub-regional
networks and the regional network. Then, the writer finally will explain about the
analysis of the use of RPOA MCS networks in supporting Indonesia’s effort in
combating IUU fishing practices in Indonesian waters during 2012-2016.
I.9.6 Chapter VII – Conclusion and Recommendation
At the final chapter, the writer will evaluate all the material that has been
discussed in this thesis and present the conclusion of the study that already
conducted by the writer.
13
CHAPTER II
LITERATURE REVIEW
In this chapter, the writer will review some of references that used by the
writer in writing the thesis. This references become a great help for the writer since
it providing the information and explanation about fisheries and IUU fishing issues
and its related studies.
II.1 Supremasi Hukum: Illegal Unreported and Unregulated (IUU)
Fishing: Upaya Mencegah dan Memberantas Illegal Fishing dalam
Membangun Poros Maritim Dunia
Abdul Qodir Jaelani and Udiyo Basuki (Jaelani & Basuki, 2014), Illegal
Unreported and Unregulated (IUU) Fishing: Upaya Mencegah dan Memberantas
Illegal Fishing dalam Membangun Poros Maritim Dunia is one of journal article in
Supremasi Hukum. This journal article gives a deep understanding about
development of laws on fisheries management including those laws which focus on
preventing and eradicating IUU fishing. Jaelani and Basuki firstly gave an
introduction about Indonesia’s geographic and fisheries condition including the
threat of IUU fishing faces by the country. This journal article continue by
describing the factors and the impacts of IUU fishing of IUU fishing for the fisheries
sustainability of Indonesia, in which this is become a great reference for the writers
in writing the thesis.
Furthermore, the journal article enter into the main part of discussion by
explaining the Indonesia’s efforts in prevent and eradicate IUU fishing in order
develop Indonesia as maritime axis. Jaelani and Basuki elaborating on the
Indonesia’s effort in prevent and eradicate IUU fishing through the adoption of
international and national law as the legal basis of fisheries management. Despite
the existed law, Jaelani and Basuki argued that Indonesia still faces IUU fishing. It
14
is seen from the development of Penerimaan Negara Bukan Pajak (PNBP) that has
fluctuated.
II.2 International Relations
Mohd Azizuddin Mohd Sani and Knocks Tapiwa Zengeni (Sani &Zengeni,
2014), International Relations, offers an introduction to the study of International
Relations (IR). The book is like a bible for people that study IR, it introduces all the
most important theories and concepts within the academic field and explain about
the nature and development of the discipline of IR. Sani &Zengeni divided the book
into 13 chapters, which are about the introduction of IR, the development of IR in
the 20th century, IR theory today: post positivism and change, the evolution of
international system, public international law, regionalism and regional integration,
foreign policy, diplomacy, globalization, theories of international political
economy, the evolution of NTS, international politics and environmental policies,
and epilogue. The book is very useful in helping the writer to choose the suitable
theory and concept to analyze the issues in this thesis. In which, the theory and
concept of IR is very important to understand and explain the behavior of actors in
world politics, as well as helping in determine what kind point of view the writer
will use and stand on.
Thus, the writer use the concept of non-traditional security written by James
Worall and regionalism written by Jorn Dosch. Worall mentioned that the process
of globalization was have a dramatic impact on the nature of IR in which this
impacted on the understanding and conceptualization of security. It led to a
realization that there is an increasingly importance of actors rather than the state
and that sources of security and insecurity has been broadened. In another hand, the
concept of regionalism is explained by Jorn Dosch. He explained that there is a
form of ‘new regionalism’, in which the earlier form of regionalism was emerged
in a context of post-colonial restructuring, economic protectionism, or regional
security concern, while the form of new regionalism was emerged as the response
of globalization.
15
III.3 Analysis of the Adequacy of the Philippine Legal, Policy, and
Institutional Framework to Combat Illegal, Unreported, and
Unregulated Fishing
Mary Ann Palma (Palma, 2006), Analysis of the Adequacy of the Philippine
Legal, Policy, and Institutional Framework to Combat Illegal, Unreported, and
Unregulated Fishing, offers a description about national and international legal
framework concerning the fisheries management including combating IUU fishing
adopted by the Philippines. Palma was focused on the Philippines, however Palma’s
study still related with this thesis in how it explained the legal frameworks used by
Philippines some are same as those adopted by Indonesia such as the IPOA-IUU.
Palma explaining the IUU definition of IUU fishing provided by the IPOA-IUU and
how such international fisheries instrument adopted as a measure to address IUU.
Moreover, Palma provide a comprehensive explanation about the history of
IUU fishing concept and how its development through international fisheries
institutions and forum such as the development of IUU fishing under CCAMLR
and UN FAO. Hence, this study become a guidance of the writer in constructing
the outline of the thesis.
III.4 Illegal, Unreported, and Unregulated Fishing: An Analysis of
the Legal, Economic, and Historical Factors Relevant to its
Development and Persistence
Rachel Braid (Braid, 2014) in her journal article have been provided and
reviewed the developments of IUU fishing practices. In which thus developments
have create political, economic, and legal environment where the emergence of IUU
fishing was cannot be avoided. Braids argues that IUU fishing has become one of
serious concern to the sustainable management of fisheries in the global, regional
and national level. The increasing threat of IUU fishing has draws global reaction
in the form of the IPOA-IUU and OECD Workshop on IUU Fishing.
Braid also explaining that the regional institution, RFMOs, such as the
Commission of CCMALR is also actively involved in creating strategy to combat
16
IUU fishing. Furthermore, Braid explain that coastal state were faced similar
pressures because of IUU fishing in which they need to take effective actions to
against illegal fishing. Braid suggest that there are several strategies that need to be
considered in order to minimizing IUU fishing such as the port and market state
controls, IUU vessel database, and cooperative surveillance and enforcement.
III.5 Upaya Negara Indonesia dalam Menangani Masalah Illegal
Fishing di Zona Ekonomi Eksklusif Indonesia
Illegal fishing is often face by a state that have a lot of beaches and Indonesia
is one of it and hence Indonesia has affected by the problem of IUU fishing. The
journal written by Ignatius Yodi Widianto Setyadi (Setyadi, 2014) is offers an
explanation about several efforts taken by Indonesia in facing the problem of IUU
fishing in ZEEI. Firstly, Setyadi give an overview about the condition of IUU
fishing and EEZ of Indonesia. Second, he offers a case of the arrested foreign IUU
vessels in Indonesia's territorial water zone by providing the study case on IUU
fishing vessel with Malaysian flagged in Malaka Strait and IUU fishing vessel
Vietnam flagged in Sorong waters in West Papua.
Setyadi then analyze both study case and then provided an analysis of the
efforts taken by Indonesia government to solve the IUU fishing problem which are
by issuing a ministerial decree KEP/50/MEN/2012 on the national action plan to
eradicate IUU fishing and through regional cooperation of Regional Fisheries
Management Organization (RFMO). Setyadi argues that Indonesian government is
too soft in proceed IUU offenders and it became the reason why the IUU fishing
vessel from neighboring countries is dare to conduct illegal activities in Indonesia.
Hence, Setyadi suggest that Indonesia need more human resources in order to
control the territorial waters, he also suggest that Indonesian government need to
be more serious in responding the problem of illegal fishing.
17
CHAPTER III
METHODOLOGY
III.1 Research Method
Research is defined as the search for knowledge of useful information on a
particular topic through objective and systematic analysis. One of the objectives of
research is to analyze an event or process or phenomenon to identify a cause and
effect relationship.14 Research methodology is the process that used by the
reaserchers to put together the information which the information can be gathered
from publication research, interviews, or surveys.15 Basically, the research
methodology necessarily to support the data gathering that relates to this study. It
also serves the purpose of giving the work plan of research, so the writer could
written this thesis in a systematic way in order to solve or answer the research
question.
In this thesis, the writer will be conducted the study by using a qualitative
approach in order to answer the research question. The reason of the writer using
the qualitative approach because it is more suitable in order to understanding the
issues by seeing the existed phenomena and then conclude it from the sources, while
the quantitative approach cannot explain since it more about numerical or statistical
analysis which do not fit with the problem. Hence, in this thesis, the writer has the
purpose in analyze and understand the role of Regional Plan of Action (RPOA)
particularly its MCS networks in supporting Indonesia’s efforts in combating IUU
fishing. The writer used data and information that supported the study from both
primary and secondary resources.
14 S. Rajasekar, S., Philominathan, P., & Chinnathambi, V. (2013, October 14). Research
Methodology. Retrieved from http://arvix.org/pdf/physic/0601009.pdf 15 Business Dictionary. (n.d.). Definition and meaning: What is research methodology? Retrieved
from http://www.businessdictionary.com/definition/research-methodology.html
18
III.2 Research Framework
Figure 3. 1 The research framework used by the writer in explaining the whole part of the thesis
Through the Figure 3.1 above, the reader could find out the flow of the
discussion in this thesis. The study starts with describing and explaining the IUU
fishing in Indonesia from giving brief overview of Indonesia's fisheries
management, the factors of IUU fishing, and the impacts. Then, the study continue
by explaining the involvement of Indonesia in a regional cooperation namely the
Regional Plan of Action (RPOA) together with other 10 countries in the region in
order to combat IUU fishing. The main discussion of this thesis is about the
involvement of Indonesia and other countries in implementing the core action
strengthening, monitoring, control, and surveillance (MCS) system in the region
through entering the RPOA MCS networks. The writer, particularly will analyzing
the role of RPOA MCS networks in supporting Indonesia's effort in combating IUU
fishing, Moreover, this study will show the outcomes of thus Indonesia's
involvement and also find out what is the weaknesses of the networks.
IUU Fishing practice in Indonesia
Indonesia involvement in the RPOA
RPOA core action in
strengthening MCS system
The use of RPOA MCS sub-regional and regional networks for
Indonesia
19
III.3 Research Time and Place
III.3.1 Research Timeline
The writer conducted the study for this thesis from September 2016 until
January 2017, the detail as below:
September October November December January February March
1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4
Research
Writing of
the Thesis
Submission
of the
Final Draft
Thesis
Defence
Submission
of the
Thesis
Table 3. 1 The Timeline of the research
III.3.2 Research Place
This research is processed in several places, as follows:
Adam Kurniawan Library of President University at Jl. Ki Hajar
Dewantara, Jababeka Education Park, Cikarang, West Java.
The Secretariat of RPOA office on the Mina Bahari IV Building of
Ministry of Marine Affairs and Fisheries at Jl. Batu, RT.6/RW.1,
Gambir, Central Jakarta
The writer’s residence.
20
III.4 Research Instrument
There are two types of sources used by the writer in conducting the study,
which are the primary and secondary sources.
Primary sources: the writer has obtain the data and information from the
book, report, magazines, news article, and document such as the Presidential
and Minister’s decree and regulation, in both hard and soft copy, that
published by the officials of Indonesia and other RPOA’s participating
countries and the Secretariat of RPOA including through the official website
related with the fisheries management, IUU fishing, and the RPOA itself.
Secondary sources: as the secondary source, the writer obtained the data
and information from the book, journal, report, master and doctoral thesis,
presentation material and news article that was accessed from the individual
study and from international organization including the governmental and
the non-governmental organization.
21
CHAPTER IV
ILLEGAL, UNREPORTED, AND UNREGULATED
FISHING IN INDONESIA
Illegal, unregulated, and unreported (IUU) fishing is a challenging issue to
the fisheries sustainability since it could lead to the depletion of fish stock.16 This
chapter will describe the general concept of IUU fishing, the development of IUU
fishing concept through Commission for the Conservation of Antarctic Marine
Living Resources (CCAMLR) and Food and Agriculture Organization (FAO) and
the general view of IUU fishing practices in Indonesia including the causes and the
impacts.
IV.1 Concept of IUU Fishing
IUU fishing has become an important world issue, especially for coastal
states. In international relations, IUU could be categorized as one form of non-
traditional security threat (NTS). It is based on the definition of NTS that, simply
speaking, means that the threats to the state are non-military actions. Southeast Asia
is one of the region, and not the only one that will face security threat due to illegal
fishing as was stated by Caroline Liss:
“Criminal activities at sea in Southeast Asia include illegal fishing,
smuggling of goods and people, fraud and piracy. With the
introduction of the concept of a 200 nautical mile Exclusive
Economic Zone (EEZ) in 1982 and the increasing problem of over
fishing in parts of the region, illegal fishing has become a security
concern and has resulted in conflict between local and foreign
fishers and the loss of revenue for affected local fishermen and their
home countries.” 17
The seas of the region have been important as it has provided people in the region
with a variety of fish and other marine resources. Thus, the rampant occurrence of
16 (2001). International Plan of Action to Prevent, Deter, and Eliminate Illegal, Unreported and
Unregulated Fishing pdf. Rome: Food and Agriculture Organization of the United Nations 17 Liss, C. (2007). The Privatisation of Maritime Security - Maritime Security in Southeast Asia:
Between a rock and a hard place?
22
illegal fishing in the region has become one of the most urgent and important
security issues for Southeast Asian countries.
The United Nations Convention on the Law of the Sea (UNCLOS), as the
main international legal reference on ocean management, does not particularly
mention the concept of illegal fishing. However, it does mention the measures that
may be taken to enforce laws and regulations against acts like illegal fishing, that
depends on in which area the acts are conducted, whether it is in territorial seas, the
Exclusive Economic Zone (EEZ), or in the high seas.
Furthermore, due to the growing trends of IUU fishing in the world, many
international and regional institutions have brought the issues of illegal fishing and
other maritime violations issues as the agenda on the forum to understand and to
find the solution for the issues.18 For the concept of IUU fishing, it has been
developed for years through discussion in international arena, such as the
Commission for the Conservation of Antarctic Marine Living Resources
(CCAMLR), United Nations General Assembly (UNGA), UN Food and
Agriculture Organization Committee on Fisheries (FAO-COFI), UN Commission
on Sustainable Development International Maritime Organization (IMO)
Committees.19 Hence, IUU is not a new phenomenon and the concept is
familiarized in the world of fisheries, however, according to Mary A. Palma (2006),
the terminology of ‘Illegal, Unreported, and Unregulated’ (IUU) fishing itself is a
new term.
“The IUU fishing terminology is new; however the concept of
“illegal fishing”, “unreported fishing”, and “unregulated fishing”
are not. The formulation of this terminology only led to a more
formal and collective classification of some of the longstanding
issues confronting fisheries management, with as possible view of
18 Muhamad, S. V. (2012). Illegal Fishing di Perairan Indonesia: Permasalahan dan Upaya
Penanganannya Secara Bilateral di Kawasan. Politica, 63. 19 Captain Somjade Kongrawd. (n.d.). IUU Fishing: Definition, Problems and Overcoming.
Retrieved from http://www.judge.navy.mi.th/PDF/IUU.pdf
23
eventually harmonising measures implemented by States to address
the problem” 20
Until now, the terms of “illegal”, “unreported”, and “unregulated” have not been
employed with precision. Nevertheless, the FAO through the International Plan of
Action to Prevent, Deter and Eliminate Illegal, Unreported, and Unregulated
Fishing (IPOA-IUU) has succeeded to provide the description of the terms.
The IPOA-IUU was not strictly defined the terms of IUU fishing, but IPOA-
IUU have been identify in general way of what may constitute "illegal fishing",
"unreported fishing", or "unregulated fishing".21 IPOA-IUU provided the scope of
each component of the term 'IUU fishing' by referring to the "nature and scope of
IUU fishing".
According to IPOA-IUU ilegal fishing refers to activities conducted by
vessels either national or foreign, under the water territory and jurisdiction of a
state, that violate the law or regulation of the state. It can also refer to activities
conducted by vessels flying the flag of a state that is party of a legally bounding
regional fisheries management organization, but do not obey the rules enforced by
the organizations. For unreported fishing it refers to the activities of fishing that
“has not been reported, or have been misreported, to the relevant national authority,
in contravention of national laws and regulations; or undertaken in the area of
competence of a relevant regional fisheries management organization which have
not been reported or have been misreported, in contravention of the reporting
procedures of that organization”. The third group of IUU fishing is unregulated
fishing, which refers to activities that are conducted either by unregistered vessels,
or “vessels without nationality”, or those flying flags of states that are not party to
RFMO(s). It can also refer to fisheries activities in areas or on fish stocks that do
not yet have management or conservation measures, where the conduct is actually
20 Palma, M. A. (2006). Analysis of the Adequacy of the Philippine Legal, Policy, and Institutional
Framework to Combat Illegal, Unreported, and Unregulated Fishing (Doctoral dissertation,
University of Wollongong, Australia). Retrieved from http://ro.uow.edu.au/theses/589. p.3 21 Ibid. p.33
24
against the state’s responsibility to conserve the marine ecosystem and resources
under international law.22
The description of IUU fishing “nature and scope” of IPOA-IUU has been
adopted in various levels. For example, it has been adopted as an IUU fishing
concept on international organizations such as Greenpeace, the Regional Plan of
Action (RPOA) and in the national level it has been adopted by the National Plan
of Action (NPOA) of RPOA’s State member.
Indonesia have no particular definition pertaining to IUU fishing in its
fisheries regulations. Before 2012, the Government defined IUU fishing by all kind
of activities that violates national fisheries law including Law no. 31 year 2004, as
amended by Law no. 45 year 2009, concerning Fisheries particularly in article 1
that regulate the requirement to request for fishing permit.23 However, by 2012
Indonesia also has adopted the IPOA’s IUU fishing concept on its NPOA.
IV.2 The Development of IUU Fishing Concept
IV.2.1 Development through Commission of Conservation of Antarctic
Marine Living Resources
The continued degradation of ocean and marine habitats as the result of
the lack of adequate governance of the high seas area has contributed to the
establishment of the Commission of Conservation of Antarctic Marine Living
Resources (CCAMLR).24 The CCAMLR was established in 1982 by an
international convention with the objective of conserving Antarctic marine life
through the Antarctic Treaty. This was a response to the increasing activity that
22 International Plan of Action to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated
Fishing (IPOA-IUU). Retrieved October 19, 2016 from The Food and Agriculture Organization
(FAO): http://www.fao.org/fishery/iuu-fishing/en 23 Ministry of Marine Affairs and Fisheries Regulation No. PER.15/MEN/2012 concerning the
Strategic Plan of Ministry of Marine Affairs and Fisheries year 2010-2014. (n.d.). Ministry of
Marine Affairs and Fisheries of Republic Indonesia. p. 14-17 24 Fabra, A., & Gascón, V. (2008). The Convention on the Conservation of Antarctic Marine Living
Resources (CCAMLR) and the Ecosystem Approach. The International Journal of Marine and
Coastal Law, 23(3), 567-598. doi:10.1163/092735208x331854
25
Antarctic krill are fished commercially, which is believed to affect the
Antarctic ecosystem in the future, since krill is considered as an important part
of the Antarctic marine food chain. Another reason is also because of the
history of other marine resources in the Southern Ocean, such as finfish, crabs,
squid, whales, and seals which have been illegally fished and exploited at
various levels.25
One of the critical challenges in the CCAMLR area (Southern Ocean)
was about the Patagonian Toothfish or the Chilean Sea Bass that has been
illegally fished and has been threatened to the depleted stocks in the 1990s.26
These continued illegal fishing practices have triggered the emergence of the
illegal fishing concept on the IUU Fishing Practices framework on the
CCAMLR forum in October 27th – November 7th, 1997. Illegal fishing
practices were then categorized into three types. First is illegal fishing, which
means the practice of fishing in the waters or ZEE of a country illegally, or
fishing without a legal permit from the objected country. Second is unregulated
fishing, which means that the fishing practices in the waters or ZEE of a
country that do not obey prevailed rules of the country. Third is unreported
fishing, which means the fishing practices in the waters or ZEE of a county
that has not been reported, whether on the operational activity, vessel
information, and/or information about the captured fish. 27
IV.2.2 Development through Food and Agriculture Organization
The development of world fisheries and the increasing practices of IUU
fishing has threatened the sustainability of fish resources and its environment.
The Food and Agriculture Organization (FAO) is a part of the United Nations
25 Conservation of Antarctic Marine Living Resources. (n.d.). About CCAMLR. Retrieved from
https://www.ccamlr.org/en/organisation/about-ccamlr 26 Österblom, H., Bodin, O., Sumaila, R., & Press, A. J. (2014, July). Reducing Illegal Fishing in the
Southern Ocean: A Global Effort - The Solutions Journal. Retrieved from
https://www.thesolutionsjournal.com/article/reducing-illegal-fishing-in-the-southern-ocean-a-
global-effort/ 27 Jaelani, A. Q., & Basuki, U. (2014). Illegal Unreported and Unregulated (IUU) Fishing: Upaya
Mencegah dan Memberantas Illegal Fishing dalam Membangun Poros Maritim Dunia. Supremasi
Hukum, 3(1), 168
26
(UN) that has the objective to prevent and regulate food security. The FAO has
put illegal fishing as a fisheries crime that needs serious attention.
“IUU fishing remains one of the greatest threats to sustainable
fisheries and the millions of people whose livelihoods depend
on them. While no exact figures are known, it is widely accepted
that the scale of illegal fishing is huge - one recent study
estimated that it could be worth an estimated $10-23 billion
dollars annually”28
In response to those concerns regarding the IUU fishing practices
worldwide, the FAO state members pushed to create a benchmark on the
development of responsible and sustainable fisheries with the establishment of
the Code of Conduct for Responsible Fisheries (CCRF). The CCRF has taken
its guidelines, principles, and its international standard from the Committee on
Fisheries (COFI). The CCRF has been officially adopted by the FAO in
October 31, 1995.29
The FAO realizes that the issues of IUU fishing has become a more
serious and increasing concern in world fisheries that undermines the effort to
conserve and manage the fish stock, which can lead to the collapse of the
fisheries industry. The FAO sees that the development of the CCRF’s
implementation was not enough, so the FAO made an International Plan of
Action to prevent, deter, and eliminate IUU fishing (IPOA-IUU) in 2001
within the framework of CCRF.
The IPOA-IUU itself is a voluntary instrument which addresses the
nature and scope of illegal fishing, such as what has been mentioned above,
that applies to all states, entities, and fishers. The focus of the IPOA-IUU are
state responsibilities, flag state responsibilities, coastal state measures, port
state measures, internationally agreed market-related measures, research and
regional fisheries management organization. Through the objective, principles,
28 FAO - News Article: Shining a spotlight on illegal fishing. (n.d.). Retrieved from
http://www.fao.org/news/story/en/item/47812/icode/ 29 Ministry of Marine Affairs and Fisheries Regulation No. KEP. 50/MEN/2012 concerning the
National Plan of Action to Prevent, Deter, and Eliminate Illegal, Unreported, and Unregulated
Fishing year 2012-2016
27
and the implementation of the IPOA-IUU, the FAO hopes to prevent, deter,
and eliminate IUU fishing and return the fisheries resources to its best
condition in the past. 30
IV.3 IUU Fishing in Indonesia
IV.3.1 Overview of IUU Fishing in Indonesia
Not only being one of the largest archipelagic countries in the world,
Indonesia also has the second largest coastline, following Canada, with two
thirds of its territory dominated by the ocean. Indonesia’s ocean area is more
than 2.6 million km2 plus 3 million km2 of EEZ, a coastline of 81.000km, and
sharing borders with 10 countries (India, Malaysia, Singapore, Thailand,
Vietnam, Philippines, Republic of Palau, Australia, Timor Leste, and Papua
New Guinea). This condition added with the location of the country that is
located strategically between two oceans, the Pacific Ocean and the Indian
Ocean, and two continents, the Asian Continent and the Australian Continent,
have made Indonesian waters one of the busiest trade lines where international
carrier vessels routinely cross. Besides that, Indonesia’s sea lanes hold an
important role since it has made Indonesian seascapes rich of fishery resources
and marine ecosystems such as beaches, estuaries, mangroves, high seas, coral
reefs up to marine bays.31
Aside from giving advantages, the location and condition of Indonesia
has also become a challenge to Indonesia in terms of the utilization and
management of its waters to the maximum level. It also triggers the increasing
possibility of maritime problems such as resource exploitation, border
conflicts, and other related conflicts, which are not only caused by internal
30 Food and Agriculture Organization of the United Nations. (2001). International plan of action
to prevent, deter, and eliminate illegal, unreported, and unregulated fishing 31 Direktorat Konservasi dan Taman Nasional Laut. (n.d.). Profil Konservasi Sumberdaya Ikan Kini
dan Mendatang: Konservasi Kawasan Perairan Indonesia Bagi Masa Depan Dunia. Ministry of
Marine Affairs and Fisheries of Republic of Indonesia. p. 10
28
factors, but also external factors. Therefore, it requires special attention from
the government and society.32
Sources: BPMPTSP of Gorontalo Provincial Government
Figure 4.1 Map of Management and Exploitation Region (WPP) of marine fisheries (Permen
KP No. PER.01/Men/2009)
The figure above (see Figure 4.1) is the map of the Indonesian fisheries
management area (WPP-NRI) for fishing activities. It was created by the
Ministry of Marine Affairs and Fisheries (MMAF) of Indonesia as the
authorized party to manage the marine affairs and fisheries resources in order
to minimize problems that might occur in the fisheries sector. WPP-NRI was
specified under the MMAF Regulation No. PER.01/MEN/2009 concerning the
Fisheries Management Area of the Republic of Indonesia. There are eleven
regions of the WPP-NRI as the following details:33
32 Adrian, B., & Angkasa. (n.d.). Kelautan dan Permasalahan Indonesia. Retrieved from
http://202.146.4.40/read/newsprint/103/indo.defence.diharap.memacu.industri.pertahanan 33 KEP. 50/MEN/2012 p. 9-10
29
No. WPP-NRI REGIONS
1. 571 Malacca Strait and Andaman Sea
2. 572 Indian Ocean in the Western Sumatera and Sunda Strait
3. 573 Indian Ocean from southern Java to southern West Nusa
Tenggara, Sawu Sea, and western Timor Sea
4. 711 Karimata Strait, Natuna Sea, and Southern China Sea
5. 712 Java Sea
6. 713 Makasar Strait, Bone Bay, Flores Sea, and Bali Sea
7. 714 Tolo Bay and Banda Sea
8. 715 Tomini Bay, Maluku Sea, Halmahera Sea, Seram Sea, and
Berau Bay
9. 716 Sulawesi Sea and Northern Halmahera Island
10. 717 Cendrawasih Bay and Pacific Ocean
11. 718 Aru Sea, Arafura Sea, and eastern Timor Sea
Sources: KEP. 50/MEN/2012
Table 4. 1 Regions of WPP-NRI
In order to conduct fisheries resources management in WPP-NRI, the
Indonesian government also improve the vessel licensing system for vessels
that operate in WPP-NRI and high seas. Each vessel is obligated to have a
Fishery Business Permit Letter (Surat Izin Usaha Perikanan or SIUP), a Fish
Catching Permit Letter (Surat Izin Penangkapan Ikan, or SIPI), and a Fishing
Ship Permit Letter (Surat Izin Kapal Pengangkutan Ikan or SIKPI). 34 The
requirement and procedure to obtain a SIUP, SIPI, and SIKPI to any vessel that
conducts its activities in WPP-NRI is regulated under the MMAF Regulation
No. PER. 14/MEN/2011 concerning the Capture Fishery Business, as the
amendment on PER.49/MEN/2011. While the requirement and procedure to
34 SIUP referred to a written permit obligated to be possessed by fishery companies to carry out
fishery business by using the production means stated in the permit. SIPI Referred to a written permit
obligated to be possessed by every fishing ship to perform fish catching constituting an inseparable
part of a SIUP. Referred to a written permit obligated to be possessed by every fishing ship to
perform the transportation of fish. Read Article 1 points 16,17 and 18 of Law no. 31 year 2004
concerning Fisheries, as amended by Law no. 45 year 2009
30
get a SIUP, SIPI, and SIKPI to any vessel that conducts its activities in the high
seas is regulated under the MMAF Regulation No. PER. 12/MEN/2012
concerning the Capture Fishery Business in the High Seas.35
Other national legal frameworks about the fisheries management for
sustainable and responsible fisheries are Law no. 31 year 2004 concerning
Fisheries, as amended by Law no. 45 year 2009, Law no. 27 year 2007
concerning Coastal and Small Island Management, as amended by Law no. 1
year 2014 and several Ministerial Acts concerning Capture Fisheries,
Logbooks, Vessel Monitoring System, Surveillance for Coastal and Small
Islands Area, Fishing Vessels Registration and Marking, Fishing Area and
Fishing Gears, Fisheries and Its Habitat Conservation, Observer Program, and
so on.36
On the other hand, besides national regulations, Indonesia has also
adopted several international laws that are relevant to national fisheries
regulations and which contain the fisheries management and prevention of
illegal fishing.
UNCLOS (United Nations Convention on the Law of the Sea) 1982
FAO Compliance Agreement, 1993,
FAO Code of Conduct for Responsible Fisheries (CCRF), 1995
FAO Fish Stocks Agreement, 1995
FAO International Plan of Action (IPOA) to Prevent, Deter, and
Eliminate IUU Fishing, 2001
UNGA Resolution
FAO, Port State Measures, 2005
EC Regulation 1005/2008
35 KEP. 50/MEN/2012 p. 11 36 Kusuma, I. (n.d.). Indonesia Efforts in Combating IUU Fishing. Ministry of Marine Affairs and
Fisheries, Directorate General of Surveillance for Marine and Fishery Resources. Ministry of
Marine Affairs and Fisheries of Republic of Indonesia.
31
Regional Plan of Action (RPOA) to Promote Responsible Fishing
Practices including Combating IUU Fishing in the Region, 2007
The regulations mentioned above, both national and international legal
frameworks, have become the basis for Indonesia's officials to carry out their
duties on monitoring in the effort to enforce laws in the marine and fisheries
sector within Indonesia's territorial waters to ensure the fisheries management
and sustainability.
It is very important for the government to maintain their fisheries
resources and environment, since fishing and the activities related to it
(processing, packing, transport, and retailing) are economically very
important in the marine sector, both on the national and international level.
Fishing especially, is a crucial source of livelihoods in developing countries,
including Indonesia.37 In the world, Indonesia is on the third position of top
fishing countries after China and Vietnam38, whose annual fishery production,
based on the FAO, reaches approximately 8.9 million tonnes.39
Keeping in mind that Indonesia is an archipelagic country in which the
waters dominates its territory, and the Indonesia’s condition that is rich of
natural resources including fish, has made Indonesia one of the targets of IUU
fishing. The IUU fishing practices that operate within Indonesia's territorial
waters violate both national and international laws.
37 Allan, J. D., Abell, R., Hogan, Z., Revenga, C., Taylor, B. W., Welcomme, R. L., & Winemiller, K.
(2005). Overfishing of Inland Waters. BioScience, 55(12), 1041. doi:10.1641/0006-
3568(2005)055[1041:ooiw]2.0.co;2 pg. 1041 38 Food and Agriculture Organization of the United Nations. Fisheries and Aquaculture Department.
(2008). The state of world fisheries and aquaculture, 2007. Rome: Food and Agriculture
Organization of the United Nations 39Food and Agriculture Organization of the United Nations. (n.d.). FAO Fisheries & Aquaculture -
Country Profile. Retrieved from http://www.fao.org/fishery/facp/IDN/en
32
YEAR INSPECTED
(units)
ARRESTED (units)
IFV FFV IFV + FFV
2006 1.447 83 49 132
2007 2.207 95 88 183
2008 2.178 119 124 243
2009 3.961 78 125 203
2010 2.253 24 159 183
2011 3.348 30 76 106
2012 4.326 42 70 112
2013 3.871 24 44 68
Sources: Directorate General of Surveillance for Marine and Fishery Resources (PSDKP)
Table 4.2 IUU Fishing Practice in Indonesia year 2006-2013
The table above (see Table 4.2) shows us that Indonesia has frequently
experienced the practices of IUU fishing in their waters, which was conducted
by both Indonesian (IFV) and foreign fishing vessels (FFV). The numbers of
IUU fishing practices in Indonesia during 2006 to 2013 tended to fluctuate
from year to year. However, in 2013 the trends of IUU fishing had decreased
from 2012, where there were 3.871 fishing vessels that were suspected and
inspected because of IUU fishing practices. From that number, there were 68
vessels with 44 foreign fishing vessels and 24 Indonesian fishing vessels which
had been proven guilty and arrested by the Indonesian government.
The Indonesia waters that is free from IUU fishing practices and other
activities that damage the marine and fisheries sector is only 39.86 percent of
the total area.40 The most common form of IUU fishing in Indonesian territory
include fishing without a legal permit and illegal entry into Indonesian waters;
unauthorized fishing gears in unauthorized fishing ground, port of call; fake
documents regarding transferred of foreign fishing vessels, document
falsification, manipulation of prerequisite to conduct fishing activities;
40 Based on performance achievement of SDKP's monitoring year 2011 on PER.15/MEN/2012
33
unauthorized transshipment at sea; double flagging or sailing under Indonesian
flags either in Indonesian waters on in high seas; fictitious company addresses
and forgery of documents issued by other institutions, destructive fishing
practices such as bombing or blast fishing, and cyanide.41
IV.3.2 Causes of IUU Fishing in Indonesia
Seeing the potential marine resources and fisheries that are so
abundant and the current condition of fisheries management in Indonesia, IUU
fishing is still the biggest challenge for the sustainability of marine resources
and fisheries. IUU fishing has become a national security threat, especially
illegal fishing conducted by foreign fishing vessels. Even the Indonesian
government estimates that the numbers of illegal fishing will keep increasing.
However, the abundance of resources does not explain why Indonesia is one
of the main IUU fishing spots in the world. To further understand this pattern,
following is a more detailed elaboration of factors of IUU fishing that has
happened in Indonesia:42
1. Increasing Demand for Fisheries Product
Sources: The World Bank
Figure 4.2 World Capture Fisheries Production (1960-2014) 41 Kusuma, I. (n.d.). Indonesia Efforts in Combating IUU Fishing. Ministry of Marine Affairs and
Fisheries, Directorate General of Surveillance for Marine and Fishery Resources. Ministry of
Marine Affairs and Fisheries of Republic of Indonesia. 42 Based on KEP. 50/MEN/2012, p. 18 and PER.15/MEN/2012, p. 17
34
The Figure 4.2 above is a graphic of capture fisheries production,
including the fish catch landed by all commercial, industrial, recreational
and subsistence by countries all around the world. 43 The graphic shows us
that the number of production of capture fisheries from year 1960 up to
2014 has increased significantly. In 1960, the total number was only around
36 million metric tonnes and in 2014 the number rose up to more than 195
million metric tonnes. This increasing trend of worldwide capture fisheries
production means there is an increasing international demand for fish.
Unfortunately, because the demand of fish and fishery products is
so high, it has become one of the factors to excessive exploitation of
maritime resources around the world, and it has driven fishers to catch
more fish by all means, including by practicing IUU fishing.44 In 2003, 75
percent of fisheries in the world have already been exploited,
overexploited, or depleted.45 The condition of the decline of fish stocks
while the demand for fisheries products is high, combined with the
condition of fishing vessel reduction by several countries due to the
constriction license of fishing opportunities, has made Indonesia, a rich fish
resources country, the target of IUU fishing practices by internal and
external actors and will apparently remain so. Hence, the threat of IUU
fishing practices in Indonesia is estimated to keep increasing. 46
2. Fisheries Monitoring, Control, and Surveillance (MCS)
The MCS of marine and fishery resources is an inseparable part of
the fisheries management in order to make sure of the marine and fisheries
sustainability and Indonesian people’s welfare. However, despite of the
43 Capture fisheries production (metric tons) | Data. (n.d.). Retrieved from
http://data.worldbank.org/indicator/ER.FSH.CAPT.MT?end=2014&start=1960&view=chart 44 In Mazalina, A., Kawamura, H., Masaya, K., Abdul, R. L., Mohd, T. A., & Somboon, S. (2015).
ASEAN guidelines for preventing the entry of fish and fishery products from IUU fishing activities
into the supply chain [Paper] 45 Food and Agriculture Organization of United Nations. (2003). FAO calls for intensified
action to combat illegal fishing. Retrieved from
http://www.fao.org/english/newsroom/news/2003/25379-en.html 46 PER.15/MEN/2012, p.17
35
importance of MCS, Indonesia as an archipelagic country still has limited
facilities and MCS infrastructure.47 For example as per 2014, the Directorate
General of Surveillance for Marine and Fisheries (PSDKP), as one of
authorized parties to conduct MCS on the sea, only owns 27 surveillance
fleet and 89 speedboats. The width of Indonesia’s water territory results in
a wider range of control and supervision, and it is not balanced with the
monitoring, control, and surveillance capabilities of marine and fisheries
resources that exist in Indonesia.48
The foreign vessels who fish illegally in Indonesian territory also
operate with various operation methods, more advanced technology, and
better coordination.49 There are many areas that still cannot be reached by
the surveillance operation of PSDKP. Based on the assessment of the
Agency for Marine Affairs and Fisheries Research and Development
(Balitbang KKP), to cover the MCS in Indonesia's waters, Indonesia needs
at least 70 surveillance fleet and 400 surveillance speedboats50
The Vessel Monitoring System (VMS) is a system of MCS that uses
satellites and equipment such transmitters installed on fishing vessels,
which can provide accurate and timely information about the location and
activity of the fishing vessel. As reported by the Fishing Monitoring Center
of PSDKP, in 2015, there were 3.277 units of Indonesian fishing vessels
above 30 GT that have already registered on PSDKP, but only 2.864 units
these vessels have installed the transmitter. And from the number 2.864,
2.730 units have been activated and another 132 fishing vessels have not
activated online VMS.51
47 Direktorat Konservasi dan Taman Nasional Laut. (n.d.). Profil Konservasi Sumberdaya Ikan Kini
dan Mendatang: Konservasi Kawasan Perairan Indonesia Bagi Masa Depan Dunia. Ministry of
Marine Affairs and Fisheries of Republic of Indonesia. 48 Rencana Strategis (RENSTRA) Direktorat Jenderal Pengawasan dan Perikanan (PSDKP) Tahun
2015-2019. (n.d.). Ministry of Marine Affairs and Fisheries of Republic of Indonesia. p.18 49 PER.15/MEN/2012, p.17 50 Rencana Strategis (RENSTRA) Direktorat Jenderal Pengawasan dan Perikanan (PSDKP) Tahun
2015-2019. (n.d.). Ministry of Marine Affairs and Fisheries of Republic of Indonesia, p.8 and 18 51 PSDKP. Info Terkini: Pengawasan Mendukung Kedaulatan Pengelolaan Sumber Daya Kelautan
dan Perikanan. Op.cit
36
Noted from Mina Bahari Magazine volume 431, even though
fishing vessels have installed VMS, there are still a lot of fishing vessels
that are detected which directly head to overseas territory from Indonesian
fishing grounds, or even fishing vessels which have turned off their VMS,
so they cannot be detected by the Fishing Monitoring Center.52 The VMS
is expected to help the Government of Indonesia’s efforts in preventing and
eliminating illegal fishing in its waters. However, looking at the facts
above, we can say that the use of VMS is still not fully maximized. Hence,
the Government needs to increase the capacity and management of its
MCS.
3. The Human Resource Capabilities of the Fisherman and Businessman
in Fishery Sector
The low human resource capabilities and awareness of Indonesian
fisherman has resulted in IUU fishing, for example by using the
unauthorized fishing gears and/or destructive fishing practices such as
bombing or blast fishing or even cyanide because it is easier and faster,
despite it being already prohibited by national and international law and
regulations. Also, the weak human resource capabilities of businessman in
the fisheries industry, both Indonesian and foreign businessman, has
impacted on illegal fishing practices in Indonesia. It is because some of
those businessman are only money oriented, and they will do anything as
long as they can catch fish as much as possible with the easiest and the
lowest capital, thus not obeying the existing regulation in Indonesia.53
The fisherman and the business do not realize the condition of
current world fisheries resources that have been overexploited or even
depleted in some areas and the importance to conduct responsible fishing
for the sake of sustainable fisheries. The world fisheries is getting more
market-oriented, the fishers and the businessman try to fulfill the high
demand of fish and fisheries product by all means. One of the examples of
52 Ministry of Marine Affairs and Fisheries of Republic of Indonesia. (2015). Mina Bahari, 431. 53 Nugraha, P. S. (2015). Artikel Penyuluhan: Permasalahan dan Strategi Penanggulangan IUU
Fishing di Perairan Indonesia. Retrieved from http://pusluh.kkp.go.id/arsip/c/1858/?category_id=2
37
irresponsible practice of fisherman is what has been mentioned earlier
about the activation of VMS. There were hundreds of units of fishing
vessels above 30 GT that still have not installed the online VMS. Even
when they have already installed it, they could still run away by not landing
the catches in Indonesian ports and report it, instead, they directly bring the
caught fish to other countries. They also still could disable the VMS, so the
vessel cannot be detected by the monitoring center, hence they can freely
practice illegal fishing as they wish.
4. The Weak Enforcement of Fishing Legislations
The weak law enforcement especially about the fishing legislation
in a country is definitely one factor which contributes to IUU fishing in the
region.
“IUU fishing is a low risk, high reward activity. Demand
for and prices of overexploited and protected species are
high, and the actual chance of getting caught or being
punished is low, particularly because IUU fishing often
takes place in countries where enforcement is weak”54
Referred to from the statement above, we could include Indonesia as one
of those countries that still has weak law enforcement. This has resulted in
the failure of handling IUU fishing practices which are done in Indonesian
waters. The weak law enforcement itself is the result of the lack of
commitment among the law enforcement officials and the lack
coordination among them. The regulations made by the government on the
fishery resources management in Indonesia often offsets with the
imposition of the sanction and with the clear law enforcement, so the cases
and the perpetrators are often released and escaped from punishment.55
For example, on Table 4.2 we can see that the fishing vessels
inspected to have been conducting IUU fishing are in the thousands, but
54 Martini, M. (2013). U4 Expert Answer: Illegal, unreported and unregulated fishing and corruption.
U4 Anti-Corruption Resource Centre. 55 Nugraha P.S. Loc.cit
38
those that were arrested were only a few. This does not only imply weak
law enforcement, but also implies a low level of seriousness and
commitment of the responsible authorities. Hence, poor enforcement
undermines the conservation and management efforts of fisheries and its
ecosystem of the national, regional, and international parties that have
concerns about the issue. Moreover, the IUU fishing practices, especially
those of which are done by foreign fishing, vessels have heightened the
security challenges for Indonesia.
IV.3.3 Impacts of IUU Fishing in Indonesia
Every type of crime impacts on different aspects and levels. As a non-
traditional security threat on the maritime and food sector, IUU fishing has a
great negative impact on the sustainability of fisheries and its ecosystem. IUU
fishing in Indonesia has various impacts on several sectors such as the
economic, social, and environmental sectors. Indonesia claims that the country
loses up to 3 million tonnes of fish per year; fish which is valued at around 300
billion rupiah in revenue.56 Moreover, the IUU fishing actor sometimes do not
hesitate to use the unauthorized fishing gears like trawl or destructive fishing
gears like bombs or blast fishing and cyanide. They do not realize that fisheries
exploitation by using those destructive gears and practice have greatly impacted
the fisheries ecosystem, such as damaging the coral. In more detail, the impact
of IUU fishing in Indonesia is as follows:57
1. Economic losses of up to US $22 billion/year
2. Marine ecosystem and fish stock degradation
3. Affecting the traditional livelihood where it has harmed the traditional local
fisherman due to the increasing competition and conflict among the
56 Johara and Sir. (2015, November 22). Jokowi: Indonesia Rugi Rp300 Triliun Akibat Pencurian
Ikan. Retrieved from POSKOTANEWS: http://poskotanews.com/2015/11/22/jokowi-indonesia-
rugi-rp300-triliun-akibat-pencurian-ikan / 57 Based on KEP. 50/MEN/2012, p. 17-18 and Ida Kusuma. Op.cit
39
fishermen. This leads to the local fisherman in a condition that remains
suffering of poverty.
4. Weakening competitiveness of national fishing industries
5. Constraining Indonesia’s opportunity to develop its national fisheries
6. The loss of opportunity to use the income that is generated for poverty
alleviation and development, tax and levy
7. Damaging the image of Indonesia in the international arena, because foreign
vessels that use the Indonesian flag or vessels owned by Indonesian citizens
practice illegal fishing
40
CHAPTER V
THE REGIONAL PLAN OF ACTION (RPOA)
In previous chapter, the writer has describing the condition of illegal fishing
in Indonesia that brings about negative impacts on the economic, social, and
environmental aspect. Hence, in order to combat IUU fishing, Indonesia and
countries in region need to strengthen regional cooperation. In this chapter, the
writer will describe one of regional cooperation in Southeast Asia that has focus in
combating IUU fishing, which is the Regional Plan of Action to Promote
Responsible Fishing Practices, including Combating Illegal, Unreported, and
Unregulated Fishing in the Region, which in this thesis it will simply called as
Regional Plan of Action or RPOA. Therefore, in this chapter, the writer will
explaining about the overview of RPOA including the history of establishment,
organizational structure, and the development of RPOA, as well as the involvement
of Indonesia in RPOA.
V.1 Establishment of Regional Plan of Action
The RPOA is a non-binding instrument that was agreed and signed by
fisheries ministers of 11 countries, namely Indonesia, Australia, Timor Leste, Papua
New Guinea, Singapore, Malaysia, Brunei Darussalam, Vietnam, the Philippines,
Cambodia and Thailand on 4th May 2007 in Bali on the Regional Ministerial
Meeting. Here are the agency of each RPOA’s participating countries that
responsible to RPOA:
Australia: Department of Agriculture, Fisheries and Forestry
Brunei Darussalam: Department of Fisheries, Ministry for Industry and
Primary Resources
Indonesia: Ministry of Marine Affairs and Fisheries
Malaysia: Department of Fisheries
41
Papua New Guinea: National Fisheries Authority
Philippines: Bureau of Fisheries and Aquatic Resources
Singapore: Agri-Food and Veterinary Authority
Thailand: Department of Fisheries
Timor Leste: Ministry of Agriculture, Forestry and Fisheries
Vietnam: Ministry of Fisheries
The regional cooperation of the RPOA was initiate by Indonesia and
Australia and it was adopted from the UN Food and Agricultural Organization
(FAO) particularly the International Plan of Action (IPOA) to Prevent, Deter and
Eliminate Illegal, Unreported and Unregulated (IUU) Fishing. As mentioned in
previous chapter, the IPOA-IUU is a voluntary instrument which emerged because
of there is an increasing concern and practice of IUU fishing in worldwide that can
threaten the sustainability if fish resources and its environment. RPOA is stipulated
on the IPOA-IUU mandate on the provision regarding “Cooperation between
states” on IPOA-IUU Action Plan point 28. There are seven particular things that
states should do in terms of coordination in combating illegal fishing, which are:
Data or information exchange about authorized fishing vessels
Cooperate in management and verification of data and information that is
relevant from fishing
Cooperate on IUU fishing investigations
Cooperate in expertise and technology transfer
Cooperate in policy making
Develop mechanisms of cooperation
Cooperate in monitoring, control, and surveillance (MCS), including
cooperation in international agreements.58
The objectives of the RPOA is to strengthen the fisheries management,
including combating IUU fishing in the Southeast Asian region especially in the
South China Sea, Sulu-Sulawesi Seas (Celebes Sea), and the Arafura-Timor Seas.
58 Regional Plan of Action to Promote Responsible Fishing Practice including Combating Illegal,
Unreported and Unregulated Fishing in the Region. (2007). The Secretariat of RPOA.
42
The members of the RPOA hope through regional cooperation by strengthening the
fisheries management, they could help to sustain fisheries resources and marine
environments and could optimize the benefit of adopting responsible fishing
practices.59 Before the RPOA officially endorsed on the Regional Ministerial
Meeting, the representative from countries in the region was intensively discussed
through several meetings in 2006 to 2007, namely the Senior Official Meeting I,
Senior Official Meeting II, and Senior Official Meeting III.60
In the Regional Ministerial Meeting, the Ministers have recognized that
shared fish stock in the region is very important and overfishing and IUU fishing
are becoming the serious threats towards it.61 Hence, endorsement of the RPOA
was driven by the increasing phenomenon in the region, which could lead to the
depletion of fish stocks. The members of the RPOA believe that those phenomena
endanger the food security and economy of the states in the region. As well as the
fact that the members of the RPOA have interdependent marine ecosystems,
bordering maritime territory, and shared fish stock, they have to contribute to the
establishment of the RPOA. Through this meeting, the RPOA also recognize that
for combating IUU fishing in the region, the major focus needs to be given to the
management of large-scale fisheries, while safeguarding local and traditional rights
of coastal fisherman.62
In the RPOA Action Plan document, it is mentioned that RPOA has taken
its framework from the established international fisheries instruments. A list of the
international instruments is as follows:
The 1982 United Nations Convention on the Law of the Sea (UNCLOS)63
59 Regional Plan of Action to Promote Responsible Fishing Practice including Combating Illegal,
Unreported and Unregulated Fishing in the Region. (2007). The Secretariat of RPOA. 60 Ida Kusuma Wardhaningsih, Budi Halomoan, Ardiansyah, Rochman Nurhakim, Saiful
Umam, Verra Septiowati, Edwin Suharyadie, Aji Baskoro, Ahmad Firdaus, Azhimi R. Sutiadi.
(2011). Regional Plan of Action Activities 2006-2011. Jakarta, Indonesia: The Ministry of
Marine Affairs and Fisheries of Republic Indonesia. 61 Ibid 62 SEAFDEC-Sida Cooperation Programme: Extension 2007, 2008, up to June 2009. Summary
result achieved during 2007, 2008, and first quarter of 2009. (2009). Southeast Asian Fisheries
Development Center. p.15 63 In particular Articles 61-64, 116-119 and 123
43
The United Nations Fish Stocks Agreement (UNFSA)
The FAO Compliance Agreement
The FAO Code of Conduct for Responsible Fisheries
FAO International Plan of Actions (IPOA): the IPOA for the Conservation
and Management of Sharks; the IPOA for the Management of Fishing
Capacity; the IPOA to Prevent, Deter, and Eliminate Illegal, Unreported and
Unregulated Fishing; and the IPOA for Reducing the Incidental Catch of
Seabirds in Longline Fisheries
The FAO Model Scheme on Port State Measures to Combat IUU Fishing.64
These instruments contain internationally agreed measures that are applicable to the
national and regional plans in order to promote responsible fishing practices.
V.2 The Action Plan of the Regional Plan of Action
The RPOA have eleven core of action plan that they need to practices in
order to promote the responsible fishing practices including combating IUU fishing.
The details as follow:
Coastal state responsibilities
Port state responsibilities
Current resources management in the region
Implementation of international and regional instruments
Role of regional and multilateral organizations
Port state measures, regional market measures
Strengthening MCS system
Regional capacity building
Transshipment at sea
Implementation.65
64 Regional Plan of Action to Promote Responsible Fishing Practice including Combating Illegal,
Unreported and Unregulated Fishing in the Region. (2007). The Secretariat of RPOA. 65 Regional Plan of Action to Promote Responsible Fishing Practice including Combating Illegal,
Unreported and Unregulated Fishing in the Region. (2007). The Secretariat of RPOA.
44
Out of the eleven Action Plan above, there are only five main priorities of the
RPOA, which include strengthening MCS system, coastal state responsibilities,
port state measures, regional capacity building, and the implementation. 66
1. Strengthening Monitoring, Control, and Surveillance (MCS) System
Through MCS system, both in national and regional level, aimed to
support the efforts to build the fisheries management regime. RPOA encourage
its member countries to enter the appropriate sub-regional MCS arrangements
to combating the IUU fishing since countries can share data and information,
provides advice and capacity building among them, for example trough the
three sub-regional networks that arranged by RPOA. Furthermore, the RPOA
participating countries should develop the regional networks. The countries also
should promote knowledge and understanding within their national fishing
industries about MCS activities.67
2. Coastal State Responsibilities
In the point of coastal state responsibilities, RPOA encourage its
member to work together to improve their data and information regarding the
fishing vessels, fishing efforts, catch level, fishing landing and so on, and then
share and exchange it among RPOA members. Moreover, RPOA also
acknowledge that countries responsible to manage the fishing capacity of their
fleets. Several ways to achieve it is through introducing fishing management
measures within their country and through conducting cooperation to assess,
conserve, and manage fisheries resources.68
3. Regional Capacity Building
In the capacity building aspect, RPOA encourage each member to
conduct capacity building in all aspect of fisheries management in order to
create fully effective system. Each RPOA participating countries should
66 Regional Plan of Action (RPOA) to Promote Responsible Fishing Practice including Combating
IUU Fishing in the Southeast Asia Region: RPOA 2007 to 2013 – An evaluation. (2013). The
Secretariat of RPOA. p.3 67 Regional Plan of Action to Promote Responsible Fishing Practice including Combating Illegal,
Unreported and Unregulated Fishing in the Region. (2007). The Secretariat of RPOA. 68 Ibid
45
continue developing the appropriate fishing research, management, and
compliance, including MCS system. The member also should seek for technical
and financial assistance from other countries in the region or relevant
international development bodies, whether by individually or jointly. It is also
important to RPOA states member to ensure fishing vessels from outside the
region that operate in the RPOA region are urged want to cooperate.69
4. Port State Measures
In order to combating IUU fishing, the participating countries of RPOA
and fishing entities need to develop measures in order to regulate fishing vessels
accessing their ports with the purpose to conduct transshipment and/or landing
catches fish and then collect and exchange relevant data. To support the practice
of this core action, countries encouraged to adopt the port state measures
particularly the FAO measures namely the Model Scheme on Port State
Measures to Combat IUU Fishing.70
5. Implementation
Last of the main priority is implementation, RPOA members should
support and cooperate on implemented the mandate of RPOA Action Plan that
accordance with the timeline on annual RPOA work plan. The RPOA
Coordination Committee, official representative of state member, the FAO’s
Committee on Fisheries, as well as other related bodies, will reviewed and
determined whether the implementation of each countries are effective or not.71
69 Regional Plan of Action to Promote Responsible Fishing Practice including Combating Illegal,
Unreported and Unregulated Fishing in the Region. (2007). The Secretariat of RPOA. 70 Ibid 71 Ibid
46
V.3 Organizational Structure of the Regional Plan of Action
Sources: RPOA official website: http://www.rpoaiuu.org
Figure 5.1 The RPOA Organizational Structure
In order to achieve RPOA objectives, the participating countries on the First
Coordination Meeting on May 2008 have agreed to create the organizational
structure for the practice of the RPOA action plans. The structure of the RPOA is
as below:
1. Advisory Bodies of RPOA
The RPOA have four regional fisheries organizations as its advisories,
namely the FAO Asia Pacific Fishery Commission (APFIC), InfoFish, South
East Asian Fisheries Development Center (SEAFDEC), and Worldfish Centre.
The advisory bodies have the role to provide advice and assistance for the
RPOA and its implementation. For example, by giving consideration about
priorities of the action plan, the further actions should be taken, how to
implement it, when it should be done, and who should be involved. 72
2. Coordination Committee (CC) of RPOA
The coordination committee is a decision-making body of the RPOA
that provides strategic advice and a direction to RPOA state members regarding
the issues such as combating IUU fishing, sustainability of fisheries
72 Organizational Structure – RPOA-IUU. (n.d.). Retrieved from
http://www.rpoaiuu.org/organizational-structure/
47
management, conservation of marine environments, managing fishing capacity,
and building competency in the fisheries management. Besides that, the
Coordination Committee is also responsible to plan RPOA activities; monitor,
review, and report to Fisheries Ministers of state Members about the progress
of the implementation; and create a comprehensive environment for cooperation
and collaboration among RPOA state members or between RPOA state
members with advisory bodies or with other relevant regional/international
organizations.73
3. Ad Hoc Team Working Groups of RPOA
The ad-hoc working group is created as it is required by the
Coordination Committee to help them in providing information through
scientific and technical analysis on fisheries resources and management in the
regions and other related matters, report the working result, and give advice and
recommendations towards the findings, as well as perform other functions and
tasks as required.74
4. Secretariat of RPOA
The RPOA Secretariat is responsible for servicing and facilitating the
functions of the Coordination Committee and ad-hoc working groups through
receiving and transmitting the Coordination Committee’s Official
communication, coordinate the preparations of the Coordination Committee
and working groups’ meetings, facilitate the complication and dissemination of
data and information, and other administrative tasks including prepare the
papers, report, publish the decision of, and promote the activities of the
Coordination Committee.75
73 Organizational Structure – RPOA-IUU. (n.d.). Retrieved from
http://www.rpoaiuu.org/organizational-structure/ 74Ibid 75 Ibid
48
V.4 The Development of Regional Plan of Action
Since the endorsement in 2007, the RPOA has conducted both on the
regional and sub-regional level, meetings and workshops which are focused on
strengthening regional cooperation in the implementation of work plans in order to
improve the fisheries management. Until 2011, RPOA was held four time of
Coordination Committee meeting, seven sub-regional meeting, and nine seminar
and workshop.76 Besides that, the RPOA has also launched the RPOA official
website in 2008 that contains information about the RPOA and its activities. Several
documents and a vessel ‘black list’ could also be accessed by the public. This
website is operated by the RPOA Secretariat which is in Indonesia under the
Ministry of Marine Affairs and Fisheries, specifically under the Directorate General
of Surveillance of Marine and Fisheries Resources (PSDKP).
For the meeting and workshop from 2012-2016, you could see the details
on Table 5.1 below.
No. Year Agenda Place
1. 2012
The 3rd Meeting of Sub-Regional Southern and
Eastern Area of The South China Seas (SE SCS)
and Sulu Sulawesi Seas (SSS)
Malaysia
2. 2012 The 2nd Meeting of Sub-Regional Arafura and
Timor Seas Timor Leste
3. 2012
Workshop on Assessment of the Impacts of IUU
Fishing and EC Regulation 1005/2008 on Small-
scale Fisheries in the Southeast Asian Region
Vietnam
4. 2012 The 5th RPOA Coordination Committee Meeting Singapore
5. 2012
Seminar on Responsibilities of States with
Respect to Regional Fisheries Management
Organizations (RFMOs),
Singapore
76 Further detail see RPOA website on http://www.rpoaiuu.org/meeting-document/
49
6. 2013 The 3rd Meeting of Sub-Regional Arafura and
Timor Seas
Papua New
Guinea
7. 2013
FAO/RPOA Expert Workshop on The
Development of tools to Combat IUU Fishing -
The Comprehensive Global Record of Fishing
Vessel, Refrigerated Transport Vessels and
Supply Vessels
Philippines
8. 2013 Regional Workshop on Public Information
Campaign Philippines
9. 2013
The 4th Meeting of Sub-Regional Southern and
Eastern Area of The South China Seas (SE SCS)
and Sulu Sulawesi Seas (SSS)
Philippines
10. 2013 The 6th RPOA Coordination Committee Meeting Malaysia
11. 2013 The 4th Meeting of Sub-Regional Gulf of
Thailand Thailand
12. 2014 The 4th Meeting of Sub-Regional Arafura and
Timor Seas Indonesia
13. 2014
The 5th Meeting on Sub-Regional Southern and
Eastern Area of The South China Seas (SE SCS)
and Sulu Sulawesi Seas (SSS)
Brunei
Darussalam
14. 2014 The 7th RPOA Coordination Committee Meeting Australia
15. 2015 The 5th Meeting of Sub-Regional Arafura and
Timor Seas Australia
16. 2015
The 6th Meeting on Sub-Regional Southern and
Eastern Area of The South China Seas (SE SCS)
and Sulu Sulawesi Seas (SSS)
Indonesia
17. 2015 The 5th Meeting of Sub-Regional Gulf of
Thailand Thailand
18. 2015 The 8th RPOA Coordination Committee Meeting Brunei
Darussalam
50
19. 2016 The 6th Meeting of Sub-Regional on Arafura and
Timor Seas Timor Leste
20. 2016 The 9th RPOA Coordination Committee Meeting Thailand
Sources: RPOA Secretariat and official website http://www.rpoaiuu.org
Table 5. 1 The RPOA Activities 2012-2016
From the Table 5.1 above about RPOA activities during 2012-2016, we could
see that the RPOA continuously held Coordination Committee Meetings and Sub-
Regional Meetings every year, as well as conducted seminars, training and
workshops. Meeting annually in the Coordination Committee Meeting, each
country reported their progress of implementation and development of the program
to be evaluated in accordance with the RPOA work plan. For example, one of the
work plans for the period of 2011-2012 was countries need to provide information
on IUU listed vessels77 to other members and RPOA Secretariats. One of the reports
was from Malaysia, it mentioned that Malaysia, Australia and Singapore have
worked together to obtain information on IUU listed vessels, namely FV Pion
(formerly known as FV Octopus), FV Perlon, and FV Thunder (formerly known as
FV Kuko). The information, including inspection reports and related papers has
been conveyed to the RPOA Secretariat and CCAMLR Secretariat.78 Furthermore,
in the Coordination Committee Meeting, the eleven state members discussed and
set up the work plan for the upcoming year.
Through the RPOA, the members could not only share data or information,
but also transfer knowledge between member to member, advisory bodies to
members, or other relevant organizations to members through the seminars,
workshops, and trainings. For example, Australia as one of the members has
continued giving assistance of capacity building in the fisheries management and
surveillance to other countries. For instance, in 2012 Australia gave assistance to
77 The list of IUU fishing vessel that include in black list of RFMO, including CCAMLR, WCPFC,
IOTC, ICCAT, IATTC, as well as the IUU vessel list of RPOA. 78 Malaysia Country Report 2012 for RPOA 5th Coordination Committee Meeting. (2012).
Department of Fisheries Malaysia Putrajaya
51
Indonesia, East Timor, and Papua New Guinea. Moreover, Australia also provided
training and capacity building for the RPOA Secretariat.79
In 2013, the RPOA on the 6th Coordination Committee Meeting evaluated
and assessed the 5 year progress of the implementation of the RPOA Action Plan
components. The RPOA Secretariat outlined that the progress in understanding the
current resource and management situation in the region, regional capacity
building, strengthening, strengthening MCS systems, and implementation of
administrative structures and procedures was mostly satisfying. Meanwhile, the
progress in the implementation of flag states responsibilities, implementation of
regional market measures, and controlling the transshipment at sea was deficient,
and for the progress of other components was still mixed in. 80
It can be said that the RPOA is still a new initiatives, but it has already drawn
public attention, especially from the international bodies that have concerns on the
marine fisheries industry. The RPOA Secretariat has received several letters of
intent from Non-Government Organizations as well as intentions of some parties to
contribute in the RPOA meetings. This fact shows us the importance of the works
RPOA have made so far.81
In the RPOA 9th Coordination Meeting in November 2016, the RPOA
Secretariat initiated the RPOA to Re-calling Commitment through the Joint
Statement that will be signed by each Minister of the 11 states to firm the
commitment of RPOA’s participating country in promoting the responsible
fisheries and combating IUU fishing. The meeting is planned to be held in 2017.82
If the countries in the region keep commit to strengthening the cooperation of the
79 Australia Country Report 2012 for RPOA 5th Coordination Committee Meeting. (2012). The
Department of Agriculture and Water Resources of Australian Government 80 The Summary Report of the 6th Coordination Committee Meeting of the Regional Plan of Action
(RPOA) to Promote Responsible Fishing Practices including Combating IUU Fishing in the
Southeast Asia Region. (2013). The Secretariat of RPOA. p.7 81 Mentioned by Mr. Asep Burhanudin, the Director General of Surveillance for Marine and
Fisheries Resources of MMAF on the RPOA 6th Coordination Meeting. Ibid 82 PSDKP - Direktorat Jenderal Pengawasan Sumberdaya Kelautan dan Perikanan. (2016). Info
Terkini: KOMITMEN NEGARA KAWASAN DALAM PEMBERANTASAN IUU FISHING.
Retrieved from http://djpsdkp.kkp.go.id/arsip/c/418/KOMITMEN-NEGARA-KAWASAN-
DALAM-PEMBERANTASAN-IUU-FISHING/
52
RPOA through actively implementing the RPOA Action Plan, hence, the regime of
responsible fisheries and the eradication of IUU fishing in the Southeast Asian
region will be likely to happen and it is possible that the RPOA will be the most
prestigious regional cooperation in the world of marine and fisheries.
V.5 Indonesia’s Involvement on the Regional Plan of Action
In combating IUU fishing, the Indonesian government has had to work
continuously both on the national and international level. On the international level,
the government continues to conduct cooperation with other countries, especially
those who have a bordering maritime territory. The actions and programs to combat
illegal fishing adopted by the Ministry of Marine Affairs and Fisheries (MMAF) of
Indonesia is from two approaches, which are soft structure and hard structure. The
hard structure includes the implementation of the Vessel Monitoring Systems
(VMS), observer programs, logbooks, and port inspection. The MMAF of
Indonesia was also carrying out efforts to enhance the effectiveness of its
monitoring, control and surveillance (MCS) at the stages of before fishing, while
fishing, during landing and post landing.83
Meanwhile, for the soft structure, the MMAF efforts include review and
revitalize Fisheries Acts, strengthen and develop Surveillance Technical
Implementing Units, capacity building for inspectors and investigators of fisheries,
being actively involved in regional and international forums, implementing
European Commission regulations, and regional cooperation through joining
RFMOs like the Indian Ocean Tuna Commission (IOTC), the Commission for the
Conservation of Southern Bluefin Tuna (CCSBT), and the Western and Central
83 Mentioned by Ms. Ida Kusuma Wardaningsih, Executive Secretary of Directorat General of
Surveillance for Marine and Fisheries, Ministry of Marine Affairs and Fisheries of Indonesia on
the discussion under The Habibie Centre in February 2014. The Habibie Centre. (2014). Talking
ASEAN: Developing ASEAN Cooperation on Fisheries Management: Tackling IUU Fishing in the
Region. , p. 4
53
Pacific Fisheries Commission (WCPFC), and through the Regional Plan of Action
(RPOA).84
According to Ms. Ida Kusuma, the RPOA is needed, it is because the RPOA
drew its main core principles for international fisheries instruments and it is
believed as a cooperative approach to enhance and strengthen the overall level of
fisheries management in the region. Furthermore, the RPOA is needed because the
RPOA helps to highlight the responsibilities of all states in addressing problems
related to IUU fishing and has promoted each participating country to produce or
establish their own plan of action at the national level.85
The involvement of Indonesia in the RPOA was started from the very
beginning, since the initiation of the cooperation itself. The idea to build the
regional cooperation of RPOA was by Indonesia and Australia. Then both countries
engaged other countries in the Southeast Asian region and countries that have
interests in the region to set up regional cooperation, RPOA. Furthermore,
Indonesia continuously involved actively in the RPOA not only as a member, but
also by serving as the Secretariat of the RPOA since 2008 up until now. As the
RPOA Secretariat, Indonesia has worked together with each RPOA’s participating
countries to circulate information, to alert them about the IUU fishing vessels
sightings and movement that might be arriving to unload in one of ports of the
RPOA members. Besides that, the Secretariat, with the assistance of the advisory
bodies cooperate with other regional or international organizations such as ASEAN,
CCMALR, Greenpeace and other organizations, to initiate or conduct a study or
survey of data and information related to IUU fishing and fishing management in
region. As an example, from November 2011 until August 2012, the Secretariat
with the assistance of the FAO, APFIC, and the Worldfish Center, coordinate a
liaison with the ASEAN Secretariat conducting a study on the impact of EC
Regulation 1005/2008 on small scale fisheries within the region. The RPOA
Secretariat facilitated the compilation of the study and informed the European
84 The Habibie Centre. (2014). Talking ASEAN: Developing ASEAN Cooperation on Fisheries
Management: Tackling IUU Fishing in the Region. , p. 4 85 Ibid
54
Union (EU) of the outcomes. Moreover, Indonesia as the RPOA Secretariat also
advised and encouraged the RPOA’s participating countries to participate on
international agendas and forums such as the International MCS (IMCS) Network.
For example, they encouraged RPOA’s participating countries to join the IMCS
event of 4th Global Fisheries Enforcement Training Workshop on 17-21 February
2014 in Costarica in order to increase the knowledge and cooperation of RPOA’s
participating countries on MCS international fora.
Meanwhile, as a participating country of RPOA, Indonesia’s commitment
shows by its participations on every agenda and program except the sub regional
network of the Gulf of Thailand because that network is only intended for Thailand,
Cambodia, Malaysia and Vietnam. Indonesia also actively shares data and
information related to the condition of national IUU fishing and fishing
management, implemented the RPOA Action Plan and cooperates with other RPOA
states members and other related organizations.
For example in 2016, Indonesia has ratified the FAO Port State Measures
(PSM) Agreement, which is included on the RPOA core Action Plan, after
previously having signed it in 2012. The PSM went into force since 5 June by issue
of the President Decree No. 43/2016 on May 2016. After the ratification, Indonesia
has not forgotten to report it to the RPOA on the RPOA 9th Coordination Meeting,
2016 and Indonesia also encourages other participating countries of the RPOA to
sign the PSMA and ratification of it too. Another example is the Indonesia
implementation of the RPOA core element on transshipment at sea, Indonesia
conducted a collaboration with other RPOA countries, namely Malaysia and
Australia on joint coordinated patrol.86
One of the RPOA workshops was a Regional Workshop on Public
Information Campaign in 2013. The workshop resulted in the establishment of the
Regional Public Information Campaign (Regional PIC). The objective of the
establishment is to educate fishers and fishing communities about the negative
86Indonesia Country Report for the RPOA 9th Coordination Meeting. (2016). Ministry of Marine
Affairs and Fisheries Republic of Indonesia.
55
impact of illegal fishing on the resources and the environment, and the
consequences if they have been caught conducting illegal fishing, either in their
national waters or in the waters of another country. Indonesia has succeeded joint
collaboration with Australia in conducting the PIC. As of the year 2013, the PIC
currently is running in eastern parts of Indonesia.87 This shows us another example
of Indonesia’s commitment towards the RPOA.
Another involvement of Indonesia in the RPOA is on the efforts of the
RPOA in strengthening the monitoring, control, and surveillance (MCS) within the
region, either through the regional and/or sub-regional networks. For example,
through the sharing of data and information about the listed IUU vessels, Indonesia
could take action on the IUU vessels that enter Indonesian waters and ports, whether
by denying port access or even enforcing laws and sanctions towards the vessels.
In the next chapter, the writer will elaborate and explain more about the Indonesian
involvement in strengthening the MCS system, one of main priorities of the RPOA.
87 Regional Plan of Action (RPOA) to Promote Responsible Fishing Practice including Combating
IUU Fishing in the Southeast Asia Region: RPOA 2007 to 2013 – An evaluation. (2013). The
Secretariat of RPOA. p.9
56
CHAPTER VI
THE ANALYSIS OF THE SUPPORTS OF RPOA
INITIATIVE TO INDONESIA IN DEALING WITH
ILLEGAL FISHING (2012-2016)
VI.1 The Overview of RPOA MCS Networks
IUU fishing is an illegal activity at sea that is hard to be detected without
the MCS. The presence of a regional cooperation, the RPOA, through the practices
of its core action plans especially strenghening the MCS system by all of RPOA’s
participating countries including Indonesia, makes the detection of IUU fishing
vessels in the region become easier due to the sharing and exchanging of data and
information of the surveillance among the RPOA’s participating countries. In the
RPOA Action plan, it is mentioned that state countries are responsible for sharing
and exhanging data and information of IUU fishing vessels, including: locations,
names of vessels, ports used (home and/or unloading port), species targeted, and
other relevant information.
a) identify their national organisations/institutions responsible for fisheries-
related MCS, and the primary contact person who shall act as the main
national coordinator for the purposes of this network;
b) collect and provide, upon request and as appropriate, timely and accurate
MCS information to other parties to the arrangement;
c) consider requests and, where appropriate and possible, cooperate in joint
fisheries-related MCS activities;
d) promote technical assistance, training, experience exchange and
institutional development to increase MCS knowledge and capability
amongst participating parties; and
57
e) consider the particular needs and obstacles faced by developing countries.88
The RPOA has established three sub-regional MCS networks which are:
The Sub-Regional of the Gulf of Thailand, the participating countries
namely Thailand, Cambodia, Malaysia, and Vietnam, with Thailand as the
coordinator
The Sub-Regional of the Arafura and Timor Seas, the participating countries
namely Indonesia, Papuan New Guinea, Australia, and Timor Leste, with
Australia as the coordinator
The Sub-Regional of the Southern and Eastern Area of the South China Sea
and the Sulu-Sulawesi Seas, the participating countries namely Indonesia,
Malaysia, Philippines, and Brunei Darussalam, with Malaysia as the
coordinator.
Sources: RPOA official website: http://www.rpoaiuu.org
Figure 6. 1 Map of RPOA MCS Sub-Regional Network of the Gulf of Thailand
88 Regional Plan of Action Monitoring, Control, and Surveillance (MCS) Network Terms of
Reference. Retrieved from RPOA Secretariat. Indonesia. Jakarta
58
Sources: RPOA official website: http://www.rpoaiuu.org
Figure 6. 2 Map of RPOA MCS Sub-Regional Network of the Southern and Eastern of South
China Sea and Sulu Sulawesi Seas
Sources: RPOA official website: http://www.rpoaiuu.org
Figure 6. 3 Map of RPOA MCS Sub-Regional Network of the Arafura and Timor Seas
From these three sub MCS networks, Indonesia is only involved in two networks,
it is except the sub-regional network of Gulf of Thailand.
59
VI.2 RPOA Sub-Regional MCS Networks
VI.2.1 RPOA Sub-Regional of the Arafura and Timor Seas MCS Networks
The focus of cooperative activities to combat IUU fishing in the sub
regional of the Arafura and Timor Seas consists from 3 elements, which are
information sharing, cooperative operations, and cooperative intelligence
gathering.
VI.2.1.1 Information Sharing
The participating countries of the MCS Network of Arafura and
Timor Seas meeting annually (see table 5.1) in order sharing and exchange
information about their fisheries condition particularly about the MCS
condition and its development. It has the purpose to promote the
uderstanding about each national MCS condition so they can learn from one
another. Moreover, the participating countries of this networks sharing
about what have they been done in order to practice of the network’s work
plan. From thus information exchange, the participating countries within the
networks could give an advice about partivular issues that faces by them. 89
VI.2.1.2 Cooperative Intelligence Gathering
Within the network of Sub-Regional of Arafura and Timor Seas,
participating countries of this groups sharing data and information about the
evidentiary materials that gained form the surveillance and other supporting
materials. 90
89 Regional Plan of Action to Promote Responsible Fishing Practice including Combating Illegal,
Unreported and Unregulated Fishing in the Region. (2007). The Secretariat of RPOA. 90 Summary Report of the 7th Coordination Committee Meeting of the Regional Plan of Action
(RPOA) to Promote Responsible Fishing Practices including Combating IUU Fishing in the
Southeast Asia Region. (2014). The Secretariat of RPOA. p.6
60
Sources: RPOA Secretariat (courtesy of AFMA 2012)
Figure 6. 4 Map of Dog Leg Area
For example, in the time frame from 2012 to 2013, Indonesia
maintained involvement in key IUU issues of the subregional group about
the concerned waters of the Dog Leg fisheries waters (see Figure 6.4).
Reported on the 3rd Meeting of the Sub-Regional Arafura and Timor Sea
2013, from the shared data and information of air surveillance data from the
Austalian Fisheries Management Authority (AFMA), 45 vessels were
sighted during 3 flights (flights on 14, 16, and 22 September 2012). From
that, 64% of the vessles sighted in Indonesian waters and 58% of the vessles
sighted in PNG waters were suspected to have conducted illegal fishing.
There were 12 fishing vessels flagged by the RPOA, originating from
Thailand and entering Indonesian waters. The vessels identified fishing
included those without an Indonesian license, gears not stowed during time
in Indonesian waters and/or have duplicate markings.91 Indonesia has sent
the notification to Thaliand authorities through the Indonesian embassy in
Bangkok to confirm thus 12 Thailand flagged fishing vessels.92
91 Report of the 3rd Meeting of Sub-Regional Arafura and Timor Seas. (2013). The Secretariat of
RPOA. 92 Indonesia Presentation Material for the 4th MCS Arafura-Timor Seas working Group Meeting
(2014). The Secretariat of RPOA.
61
In 2013, the IUU fishing practice in the Dog Leg fisheries water still
become an issue within the network of Arafura and Timor Seas since the
those IUU fishing vessel that become the actors of IUU practice still on the
process of investigation. After coordinated with Thailand related
authorities, Indonesian officials have taken prosecution against several
vessels and other vessels went under investigation.93 As the follow up action
to this issues, the RPOA secretariat help by sent representation to Thailand
to confirm the Thailand flagged vessels that were identified operating illegal
fishing during the operational activity. The RPOA Secretariat provided a
draft correspondence and evidentiary materials regarding thus issue and as
Indonesia has sent to the correspondence on 11 March 2014 to the
Indonesian Ambassador in Thailand. The correspondence requested
Thailand to investigate and apply appropriate sanctions under Thailand’s
law. 94
VI.2.1.3 Cooperative Operations
The RPOA also encourages its participating countries within the
sub-regional networks to conduct cooperative operation especially through
bilateral cooperation in the fisheries management and MCS capacity
building such as the technical and capacity cross-visit program. As an
example, in 2013, MMAF of Indonesia officers came to Australia to join
the ANCORS (Australian National Centre for Ocean Resources and
Security) Law of the Sea training and were invited to the AFMA in Canberra
and Darwin. In the same year, Indonesia also invited Australia to the
Workshop on The Law of the Sea in Jakarta, in which the lead role in the
training was delivered by the MMAF officers.95
Another example of the issues within the network that involving
Indonesia and need a cooperative operation is like an issue in the timeline
93 Report of the 3rd Meeting of Sub-Regional Arafura and Timor Seas. (2013). The Secretariat of
RPOA. 94 The MCS Sub-Regional (Arafura and Timor Seas Group: Summary of Outcomes against 2013
Key IUU Issues and Action Plan. (2014). The Secretariat of RPOA. 95 Report of the 3rd Meeting of Sub-Regional Arafura and Timor Seas. Op.cit
62
2014-2015. The first is about the banana boats Papua New Guinea flagged
that operated illegally in Australian waters targeting the trepang, which then
returned to Papua New Guinea and sold their products to Indonesian buyers.
The subregioanal coordination, Australia, decided that Papua New Guinea,
Indonesia, and Australia should nominate an officer from each country by
the end of May 2014 to form a working group in order to collate and analyse
the matter and formulate an action plan in relation to targeting the activities
at the export points in both Papua New Guinea and Indonesia. Hence,
Indonesia delegated Mr. Tuman Hardianto from the MMAF in March
2014.96
The Second issue is regarding the continuing issues of Indonesian
flagged vessels entering Australian waters. From the AFMA air
surveillance, Indonesian IUU vessels flagged from Kupang, Benoa, and
Maginti have been conducting IUU fishing in Australian waters. To
overcome this problem, Indonesia and Australia has been adressed the
issues through a bilateral cooperation, which includes measures such as
public information campaigns, coordinated patrol activity and on and off
water education of fishers.97
The third IUU key issue that Indonesia was involved in within the
time frame of 2014-2015 is about the indication of illegal transhipment at
the Indonesia-Papua New Guinea border by Indonesian VMS units. Thus
activity involving the Indonesian fllaged fishing vessel KM Bahari Timur
135. To overcome that issue, Indonesia is responsible to provide the
information to Australia through the Analysis of VMS information
pertaining to target areas where transhipment activity has occured. To show
the commitment, Indonesia has mapped thus activity and provided the
information to the Indonesian Navy and MMAF patrol vessels to undertake
96 MCS Sub-Regional (Arafura and Timor Seas Group: Summary of Outcomes against 2014 Key
IUU Issues and Action Plan .(2015). The Secretariat of RPOA. 97 MCS Sub-Regional (Arafura and Timor Seas Group: Summary of Outcomes against 2014 Key
IUU Issues and Action Plan .(2015). The Secretariat of RPOA.
63
patrol activity that have resulted the violation being detected, which
Indonesia will then share that information to Australia.98
Moreover, in the same time frame, the Australia-Indonesia
cooperation on MCS capacity building through the Fisheries
Management/MCS Training Program, that started in 2013, has been
completed. In the same year, the MMAF officer exchange to AFMA in
Darwin on 3 occasions have delivered specific fisheries management and
MCS training. To support the MCS system and the Port State Measures
(PSM), the Indonesia-Australia training program in Bali, Batam, and
Ambon has been carried out. The offices completed theoritical and practical
inspection training.99
Sources: RPOA Secretariat
Figure 6. 5 Photograph of vessel Fu Yuang Yn 167 (left) and Fu Yuang Yu 165 (right)
from the Australia surveillance
The large scale fishing vessels Fu Yuang Yu 165 and Fu Yuang Yu
167 (see Figure 6.5) has been sighted entering Australian waters during
Australian surveillance. The vessels are seen as Indonesian flagged. Under
the sub-regional Action Plan of 2015-2016, Australia should provide
information of the vessel sighting during the surveillance and Indonesia
should provide feedback of the licencing details of sighted vessels. Then,
Australia has given the necessary Information to Indonesian authorities. As
98 MCS Sub-Regional (Arafura and Timor Seas Group: Summary of Outcomes against 2014 Key
IUU Issues and Action Plan .(2015). The Secretariat of RPOA. 99 Australia Country Report on the 5th MCS Sub-Regional Group (Arafura and Timor Seas)
Meeting. (2015). The Department of Agriculture and Water Resources of Australian Government
64
feedback, Indonesia confirmed that both vessels were not registereed on
Indonesia licenses.100
Another IUU key issue in the sub-region for the time frame of 2015-
2016 is the members of the groups need to explore the possibility of Ship
Rider and/or other arrangements in order to effect joint and/or coordinated
patrol capabilities. As been reported by Indonesia, the progress of the follow
up action is that Indonesia and Australia has conducted the Indonesia-
Australia Fisheries Surveillance Forum, including the Ship Rider,
coordinated patrol and other relevant cooperation.101 The patrols that been
conducted including the AUSINDO CORPAT patrol between the Royal
Australian Navy and the Republic of Indonesia Navy (TNI) and between
Australian Border Force (ABF) and Indonesian Ministry for Maritime
Affairs and Fisheries (MMAF).102
VI.2.2 RPOA Sub-Regional of the Southern and Eastern Area of the
South China Sea and the Sulu-Sulawesi Seas MCS Networks
The development of the sub-regional Eastern Area of the South China
Sea (SESCS) and the Sulu-Sulawesi Seas (SSS) is quite slow. The sub-regional
activity of this SESCS and SSS during 2012 to 2015 was about the information
sharing and simplification of group’s work plan matrix.
VI.2.2.1 Information Sharing
The shared information within this networks is quite same with the
sub-regional networks of Arafura and Timor Seas. Each of participating
countries within this networks sharing information about the current
situation and development of the fisheries management and efforts in
100 Indonesia Country Report on the 6th MCS Sub-Regional Group (Arafura and Timor Seas)
Meeting.(2016). Ministry of Marine Affairs and Fisheries Republic Indonesia 101 Ibid 102 Australia Country Report on the 6th MCS Sub-Regional Group (Arafura and Timor Seas)
Meeting. (2016). The Department of Agriculture and Water Resources of Australian Government
65
combating IUU fishing particularly that related to MCS. What make it
different is that within this network, the participating country do not update
about their implementation of group workplan since the workplan itself was
in the process of simplification.
VI.2.2.2 Simplification of Workplan
Within this network, participating country of this group in the period
of 2012 to 2015 focus on identifying of what is their shared or common
interest about what kind or type of issues and program that they will
focusing within the group. Just in 2015 at the 6th meeting of the Sub-
Regional Meeting, the network finally agreed on the matrix of workplan that
has been simplified. The details of the simplified workplan can be seen at
Appendix 1. From the appendix 1, the reader could see that the matrix, the
planned future program and activities in the MCS include the technical visit
to a country that has succesfully implemented the MCS program, adopt best
practices, exchange and attachment of officials among RPOA’s
participating countries, information sharing on license vessels, apprehended
vessels committing IUU, notification of innocent passage, bilateral
arrangement among RPOA’s participating countries on fisheries matters, set
up web-based communication among RPOA’s participating countries,
evaluate the effectiveness of the MCS network system among RPOA’s
participating countries, regular programs to increase capacity building
among officials of RPOA’s participating countries through program such as
the fisheries management/MCS and Ecosystem Approach to Fisheries
Management (EAFM) training, development of Public Information
Campaign (PIC), and sharing experience and developmentment of
community involvement programs to support MCS implementation.103 The
workplan matrix is still quite general, it is not mentioned about what
particular country should take action and the process evaluation is mostly
103 Report of the 6th Sub regional Meeting on Regional Plan of Action (RPOA) and Illegal,
Unreported and Unregulated (IUU) Fishing in the Southern and Eastern Areas of the South China
Sea and The Sulu-Sulawesi Seas. (2015). The Secretariat of RPOA.
66
still on-going, started in 2005, or even planned to start in 2017. In 2016, the
network not conducted the annual meeting which is the 7th sub-regional. It
is planned to held in 2017, so there is no further information about the
groups activities and development.
From the explanation above about the sub-regional SESCS and SSS and
the Arafura and Timor Seas, we could see the different development of each
network. The Arafura and Timor Seas groups is more developed and
structurized and Indonesia provides much more involvement within these
networks. The engangement of Indonesia in the Arafura and Timor Seas
through the MCS activity and the program has supported Indonesia’s efforts in
combating IUU fishing. While the involvement of Indonesia in SESCS and SSS
is still limited, as it is mostly just sharing information about Indonesia’s
fisheries condition.
Furthermore, besides practicing the core action strengthening MCS
system, from the explanation above especiall, it also indicate that Indonesia and
other articipating countries within the networks also promoting the practices of
other RPOA’s action plan which is the core of flag state responsibilities. Since,
they sharing information about their IUU fishing vessel and took action in
relation to their own flagged fishing vessels that conduct IUU fishing within
each others's waters.
VI.3 RPOA Regional MCS Network through IUU Fishing Vessel
List
The RPOA IUU Fishing Vessel List is a list showing the comitment of the
eleven RPOA’s participating countries to sharing data and information in the
regional MCS network. The RPOA IUU Fishing Vessel coordinated by the RPOA
Secretariat, consisted the list of large scale IUU fishing vessel movement and
sightings that suspected of unloading catches, resupplying and/or refueling in the
ports of countries in the Southeast Asian region.104 In 2012, the RPOA IUU Fishing
Vessel List has not yet been made. The draft procedures of the list was being
104
IUU Vessel – RPOA-IUU. (n.d.). Retrieved from http://www.rpoaiuu.org/iuu-vessel/
67
considered on the RPOA 5th Coordination Committee in 2012 and has been
developed in 2013.105
The mechanism is carried out by monitoring the movement of fishing
vessels that have been registered in the IUU vessels list of RFMO such as
Commission for the Conservation of Antarctic Marine Living Resources
(CCAMLR), Western and Central Pacific Fisheries Commission (WCPFC), Indian
Ocean Tuna Commission (IOTC), International Commission for the Conservation
of Atlantic Tuna (ICCAT), Inter-America Tropical Tuna Commission (IATTC) and
the list of IUU vessels of the RPOA. The RPOA participating countries are
responsible to update the information of IUU vessels including the position, the
speed, the direction of the ship, and the latest photograph of the vessel, and then the
information will be forwarded to all RPOA’s participating countries.106 The tables
below are the data of the RPOA IUU Fishing Vessel List during 2013-2016.
No. Date of Notification Current Name
(Previous Name)
Current Flag
(Previous Flag)
1. 1 February 2013 No Name Mongolia
2. 11 February 2013 No Name Mongolia
3. 12 March 2013 FV Hongsui (FV. Huang He
22) Tanzania
4. 26 March 2013 No Name Mongolia
5. 4 April 2013 FV Lana (FV Zeus) Unknown
6. 16 April 2013 FV Thunder (FV Kuko) Nigeria
7. 17 April 2013 MV Keshan (MV
Baiyangdian) Mongolia
8. 19 April 2013 FV Wuhan No.4 (FV Thunder
and FV Kuko) Mongolia
105 RPOA Secretariat Report: The 6th RPOA Coordination Committee Meeting. (2013). The
Secretariat of RPOA. 106 Listing Procedure – RPOA-IUU. (n.d.). Retrieved from http://www.rpoaiuu.org/listing-
procedure/
68
9. 28 May 2013 FV Chendu (FV Shaanxi
Henan 33) Tanzania
10. 28 May 2013 FV Nihewan (FV Huiquan) Tanzania
11. 17 June 2013 FV Snake (FV Octopus I) Tanzania
12. 15 July 2013 FV Nihewan (FV Huiquan) Tanzania
13. 31 July 2013 MV Tiantai (MV Keshan) Mongolia
14. 4 September 2013 FV Lana (FV Zeus) Unknown
15. 9 September 2013 FV Chang Bai (FV Hongsui) Tanzania
16. 19 September 2013 FV Thunder (FV Kuko) Nigeria
17. 17 October 2013 FV Qian Yuan Cambodia
18. 29 October 2013 FV Berber (FV Snake and FV
Octopus I) Libya
Sources: RPOA Secretariat Report 2013
Table 6. 1 RPOA Vessel Movement and Sighting List on 2013
No. Date of Notification Current Name
(Previous Name)
Current Flag
(Previous Flag)
1. 18 February 2014 FV Lana (FV Zeus) Nigeria
2. 21 March 2014 FV Viking Nigeria
3. 8 April 2014 FV Chang Bai (FV Hongsui) Unknown
4. 15 April 2014 FV Chang Bai (FV Hongsui) Tanzania
5. 15 April 2014 FV Thunder (FV Kuko) Nigeria
6. 23 July 2014 FV Perlon Nigeria
7. 17 Desember 2014 FV Taishan Tanzania
8. 17 Desember 2014 FV Jianfeng Indonesia but
not flag visible
9. 17 Desember 2014 FV Yunnan Indonesia but
not flag visible
Sources: RPOA official website: http://www.rpoaiuu.org
Table 6. 2 RPOA Vessel Movement and Sighting List on 2014
69
No. Date of Notification Current Name
(Previous Name)
Current Flag
(Previous Flag)
1. 13 February 2015 FV Thunder (FV Kuko) Nigeria
2. 19 February 2015 FV Yongding Equatorial
Guinea
3. 19 February 2015 FV Kunlun Equatorial
Guinea
4. 19 February 2015 FV Songhua Equatorial
Guinea
5. 19 February 2015 FV Kunlun Equatorial
Guinea
6. 6 April 2105 FV Thunder (FV Kuko) Nigeria
7. 22 April 2015 FV Perlon Nigeria
8. 9 September 2015 FV Kunlun/Taishan Unknown
9. 25 September 2015 FV Viking Nigeria
Sources: RPOA official website: http://www.rpoaiuu.org
Table 6. 3 RPOA Vessel Movement and Sighting List on 2015
No. Date of Notification Current Name
(Previous Name)
Current Flag
(Previous Flag)
1. 29 January 2016 FV Mook Andaman Thailand
2. 20 May 2016 FV Andrey Dologlov Cambodia
3 20 May 2016 FV Bochang No.3 Unknown
Sources: RPOA official website: http://www.rpoaiuu.org
Table 6. 4 RPOA Vessel Movement and Sighting List on 2016
As we can see from the Table 6.1 until Table 6.4 during the period of 2013-
2016, there were 39 IUU fishing vessels on the RPOA IUU Fishing Vessel List.
Most IUU vessels were flagged from Nigeria, Mongolia, and Tanzania, while the
others were flagged from Cambodia, Libya, Equatorial Guinea, Indonesia,
70
Thailand, and several vessels were unknown. Furthermore, the Table 6.1 to Table
6.4 also shows that there is a downward trend in the number of IUU fishing vessels
that have tried to access the RPOA regions including its ports over the years.
1. Listed IUU Fishing Vessel: FV Thunder Investigation by Indonesia
One of listed fishing vessels in the RPOA is FV Thunder. The FV
Thunder was built in Norway in 1969 and it had many names over the years,
namely Vesturvón, Arctic Ranger, Rubin, Typhoon I, Kuko, and Wuhan N4.
It was registered as a fishing vessel of many countries including Britain,
Seychelles, Belize, Togo, Faroe Islands, Mongolia, and most recently,
Nigeria. 107 The vessel is on the Non Contracting Party IUU List of the
Commission for the Conservation of Antartic Marine Living Resources
(CCAMLR) since 2003.108
In 15 April 2014, the Austalian Fisheries Management Authority
(AFMA) notified all RPOA’s participating countries including Indonesia
through the RPOA Secretariat regarding the FV Thunder. Previously the FV
Thunder was seen 3 (three) times in RPOA waters in 2013, which was in 16
April, 19 April and 19 September. In the AFMA notification in April 2014,
the FV Thunder was last seen at the position 08⁰ 39' south and 090⁰ 30' east
at 0842 GMT, heading 015⁰ at 9 knots. This position is to the north west of
the Cocos (Keeling) Islands in the Indian Oceans and this vessel's current
heading indicates that it attempts to access an RPOA country’s port. The
AFMA identification of the FV Thunder is as follows:109
107 Urbina, I. (2015). A Renege Trawler, Hunted for 10.000 Miles by Vigilantes. Retrieved from
www.nytimes.com/2015/07/28/world/a-renegade-trawler-hunted-for-10000-miles-by-
vigilantes.html?_r=0 108 See further detail at Commission for Conservation of Antarctic Marine Living Resources
(CCAMLR) Non-Contracting Party IUU Vessel List: https://www.ccamlr.org/en/node/84699 109 Notification Ref: F2013/6807. (2014). Australia Fisheries Management Authority (AFMA).
71
Figure 6. 6 Identification of FV Thunder by Australia Fisheries Management Authority
(AFMA)
Figure 6. 7 Photograph of FV Thunder by Australia on 14 April 2014
After recieving the notification from the RPOA Secretariat, the
Directorate General of Surveillance for Marine and Fisheries Resource
(PSDKP) of the MMAF of Indonesia distibuted the information to related
agencies. On 20 April 2014, the FV Thunder entered the Benoa Port, Bali.
The Indonesian port authorities conducted a full inspection that consisted of
the procedure of the FAO Port State Measures Agreement (PSMA). After the
investigation and coordination with the related agencies, the Benoa Port
authority issued the Port Clearance or SPB (Surat Persetujuan Berlayar) and
the FV Thunder should leave the port.
2. Listed IUU Fishing Vessel: FV Viking Investigation by Indonesia
On 25 February 2016, The AFMA notified the RPOA again about the
FV Viking with the IMO 8713392. The FV Viking has a long history of
engaging in IUU fishing in the Southern Ocean and was listed in the Non
Contracting Party IUU List of the CCAMLR, as well as a subject to Interpol
Purple Notice, as the request of Norwegia, issued on the 6th September 2013.
The AFMA identification of FV Viking is as follows:
72
Figure 6. 8 Identification of FV Viking by Australia Fisheries Management Authority
(AFMA)
The vessel was confirmed by Indonesian surveillance who sighted the
FV Viking at at the position 01⁰ 26.771 North and 104⁰ 35.879 East. The FV
Viking was suspected to be loitering near Indonesian waters.110 From the
Purple Notice of Interpol, the FV Viking was known to have already been
renamed 13 times, 12 times changed the flag, and 8 times changed the call
sign. For the modus operandi, the vessel was suspected to have violated
national laws of many countries as well as the regulations of international
convesion and involved in illegal activity related the fisheries crime.111
The FV Viking was captured by one of the Indonesian warships fleet
of Koarmabar (Komando Armada RI Kawasan Barat), namely the KRI Sulta
Thaha Saifudin-375 on 25 February 2016 in Indonesian waters near the Riau
islands and was escorted to Tanjung Uban port to be inspected. The RPOA’s
participating countries including Australia and Singapore played a big role on
sharing the information about the FV Viking that lead to its arrest. 112 From
the inspection, the vessels were found to have violated several Indonesian
laws including the violation of Indonesia Maritime Sail Regulation, Fisheries
Act concerning fishing gears and fishing license.113
The Indonesian authority confirmed about the registration of the FV
Viking that was flagged Nigeria to the Nigerian authorities. The Federal
110 Notification REF: F2014/2278. (2016). Australia Fisheries Management Authority (AFMA). 111 Kronologi Penangkapan Kapal FV Viking.(n.d). Retrieved from
http://www.tnial.mil.id/tabid/79/articleType/ArticleView/articleId/27696/Default.aspx 112 Ibid 113 Indonesia Country Report on the 6th MCS Sub-Regional Group (Arafura and Timor Seas)
Meeting.(2016). Ministry of Marine Affairs and Fisheries Republic Indonesia
73
Ministry of Agriculture and Rural Development of Nigeria responded by
providing the offcial statement that denied the FV Viking's vessel registry,
nationality, and authorization for fishing operation. Hence, the vessels status
is stateless or vessels without nationality. The investigation of the FV Viking
was helped by Australia that provided Indonesia the inteligence of the vessels
history, violations in the CCMALR area, by Norwegia that provided
intelligence and analytical assistance and by Canada that provided digital
forensic assistance on digital devices found in the FV Viking. Thus the
Multilateral Investigation Support Team (MIST) uncovered some information
on the FV Viking fishing vessel. Based on the Indonesian presentation report
in the RPOA 9th CCM Meeting, the findings of MIST as follows:
The documents of shipping and trading, and communication of FV
Viking leads to Spanish owner
The FV Viking received suplies from shipping companies based from
Singapore, Spain, and Thailand; and FV Viking often docken in
Singapore and Thailand; as well as often conducted transhipment at sea
The buyers of FV Viking’s fish catch are mainly from Malaysia,
Vietnam, Thailand, and Hongkong
FV Viking’s crews are not paid for several months
The suspected trader is a company domiciled in Seychelles114
After the investigation, the Indonesian authorities decided to sink the
vessel in Pangandaran waters, West Java, on 14 March 2016. This action
shows Indonesia’s commitment in combating IUU fishing in either in their
national waters and/or in the region, as acknowledged by Senator Anne
Ruston, the Assistant Minister for Agriculture and Water Resources of
Australia:
“This is a great outcome and I thank the Indonesian
authorities for their commitment and leadership to eradicating
IUU fishing...Australia works closely with its international
114 Indonesia Country Report for the 9th Coordination Committee Meeting.(2016). Ministry of
Marine Affairs and Fisheries Republic Indonesia
74
counterparts, as part of the Regional Plan of Action, a
multinational plan that encourages collaboration to detect
and deter IUU fishing. IUU fishing harms the sustainability of
marine resources and Indonesia’s actions will serve as a
strong deterrent against other IUU operators seeking to
plunder our marine resources.”115
The writer believes that the detection of this ship is as the result of great
cooperation among countries in the region, it demostrates the RPOA’s participating
countries’ comittment in improving the MCS in the RPOA region through data and
information exhange including the evidentiary materials of surveillance. It also
helps the RPOA participating countries of RPOA’s core action of coastal state
responsibilities by practicing and sharing the MCS and law enforcement of the IUU
vessels within the national level similar to what Indonesia has done towards the FV
Viking with the help of Australia and other countries.
In addition, the success of this MCS activity also helps the achievement of
another RPOA main priority which is the Port State Measure (PSM) by the rejection
of foreign IUU fishing vessels that want to access the port(s) in the region like the
case of FV Thunder. So far, the RPOA IUU Fishing Vessels and its detection system
helps the efforts of the RPOA and its members including Indonesia in combating
the IUU fishing of large scale fishing vessels. This system is useful in creating the
deterrent effect for the IUU vessels as we can see from the downward trend of IUU
vessels that were listed to have entered the RPOA region. The system generates the
increasing potential of large losses for IUU fishing vessels if the vessels were
denied to enter the RPOA ports. This means, if the vessels were denied to entry the
port, the vessel cannot land the catches, resupply logistics for the crew, and refuel.
The more often these vessels would be refused to enter the ports in the RPOA
region, the longer they will be in the ocean, which means that they will spend a
115 Indonesia sinks the IUU fishing vessel Viking. (2016). Retrieved January 1, 2017, from
http://minister.agriculture.gov.au/ruston/Pages/Media-Releases/indonesia-sinks-iuu-fishing-
vessel-viking-.aspx
75
larger amount of fuel and logistics, as well as blocking or limiting their opportunity
to land the catches in the port, so over time, they will lose the profit/money.116
VI.4 The Weaknesses of RPOA MCS Networks
Despite the succed story of RPOA MCS networks, the RPOA still need to
improve the MCS networks and its sytem since there are a few weaknesses that
could be found. First, is about the appoach of the IUU Fishing Vessel List. It is
useful to detected the IUU vessel that might enter port of RPOA’s participating
countries so they can do the inspection like what have been explained. But it
become the challenge if those vessels conduting the transshipment at sea and/or
avoiding the ports. It decrease the probability of the RPOA’s participating countries
including Indonesia to be able to do the inspection if that happen since Indonesia
still have limited MCS facilities and infrastucture.
Second weaknesses of the RPOA MCS networks is the development of the
sub-regional networks where Indonesia involves is still unequal. The progress of
the sub-regional of Arafura and Timor Seas is faster rather than the sub-regional of
Eastern Area of the South China Sea and the Sulu-Sulawesi Seas. The sub-regional
of Arafura and Timor Seas has succeed on shares the data and information regarding
the MCS activities such as the air surveillance information about IUU vessels
movement within the group’s waters. This has help Indonesia to know about the
foreign IUU vessels that enter Indonesia and/or about the Indonesian fishing vessels
that enter other countries waters particularly the group’s member waters.
Meanwhile, the development of sub-regional of Eastern Area of the South China
Sea and the Sulu-Sulawesi Seas is quite slow and the outcomes and the use of it to
support Indonesia in combating IUU fishing still not clear. There is no further
details or report that show significant development on the implementation of sub-
regional of Eastern Area of the South China Sea and the Sulu-Sulawesi Seas work
plan.
116 Based from the explanation by Mr. Ahmad Firdaus, a Head of Cooperation Program Sub Division
of the Secretariat of Directorate General of Surveillance for Marine Fisheries Resource, Ministry of
Marine Affairs and Fisheries of Indonesia and also serves as RPOA Secretariat member, in RPOA
Secretariat office, Jakarta, on November 7, 2016.
76
In relations with the concept of regionslism that used by the writer and has
been explained in previous chapter, regionalism in this thesis applied on explaining
relation and cooperation between eleven participating countries of RPOA.
According to regionalism concept, the relation and cooperation of multilateral
groupings of neighbouring countries is to attain common goals and solve particular
problem. In this term, the establishment and operation of RPOA and its MCS
network is because there is a common interest and goals of RPOA’s participating
countries to combat one of non-traditional security threat, IUU fishing since the
threat of IUU fishing practice could lead to depletion of fish stock in which will
endanger their food security as well as affected to their economic.
Moreover, besides using the concept of regionalism and NTS, the writer
also use the concept of national interest. In which, the writer use the national interest
concept to explain the Indonesia active involvement in RPOA MCS networks is
because Indonesia has goals in combating IUU fishing in order to protects its
country from the negative impact that brought by the IUU fishing practices in
Indonesia.
77
CHAPTER VII
CONCLUSION AND RECOMMENDATION
The practices of IUU fishing is a serious concern. IUU fishing could be
categorized as the non-traditional security threat, it is not only damages the fisheries
resources and ecosystem, but also threatens the interest of local fisherman, national
fishery business, and even it might be cause to the instability of a state's food
security, maritime security, and triggers the conflict between countries as well as
affected to their national economic. Indonesia as the archipelagic country that has
wide range of waters zone faces the challenge of the rampant occurrence of IUU
fishing. The factors of the IUU fishing in Indonesia are coming from various
aspects, including the condition of Indonesia that has abundance of fisheries
resources, while there are trend of increasing demand for fisheries product
worldwide, the condition of Indonesia's fisheries MCS facilities and infrastructure
that still limited, the low of human resources capabilities and awareness of
fisherman and people in fisheries business industry, and the weak enforcement of
fishing legislations in Indonesia. The IUU fishing practices impacted Indonesia on
several sectors such as economic, societal, and environmental.
To combat IUU fishing, Indonesia’s government has adopted national and
international laws through soft and hard approaches. In soft approach, one of the
way is by conducted bilateral, regional and multilateral cooperation to address the
IUU fishing issues. The involvement of Indonesia in the RPOA is an example of
Indonesia effort to faces the IUU issues through the regional cooperation. Besides
Indonesia, there are other ten participating countries in RPOA, namely Australia,
Timor Leste, Papua New Guinea, Malaysia, Singapore, Brunei Darussalam,
Thailand, Philippines, Vietnam, and Cambodia.
The RPOA has eleven core Action Plan, the writer focus on one core action
which is strengthening the MCS system where in order to strengthening the MCS
78
system, the participating countries of the RPOA enters into the sub-regional and
regional MCS networks. Indonesia involves in the regional MCS network as well
as in two out of three the RPOA sub-regional networks, which are the Sub-Regional
of the Arafura and Timor Seas, together with Papua New Guinea, Australia, and
Timor Leste, and the Sub-Regional of the Southern and Eastern Area of the South
China Sea and the Sulu-Sulawesi Seas, together with Malaysia, Timor Leste, and
Papua New Guinea.
The commitment of Indonesia and other ten countries to enter the regional
cooperation of RPOA MCS networks is showing the effort and good intention of
the countries to combat IUU fishing in Southeast Asia region to protect the people
and the states from the impacts that might occurred because of IUU fishing
practices. From the explanation in Chapter VI, the RPOA MCS network is helpful
to support Indonesia’s effort in combat IUU fishing in three reasons.
First, it because within the networks, participating countries are actively
sharing and exchanging data and information including the intelligence gathering.
The shared data and information including about the current condition of each
fisheries and MCS activities and its development up to the supporting evidentiary
materials that gained from the surveillance regarding the IUU fishing activity. This
promote the understanding between each national fisheries condition of RPOA
participating country so they can learn from each other. Furthermore, this
information and data sharing make the IUU fishing in the region, both national and
foreign vessel in Indonesia waters, become easier to be detected, as well as detected
the Indonesian vessels outside the country. In which that very helpful since
Indonesia has limited MCS facilities and infrastructure. In which, from the
surveillance data and information, Indonesia can proceed the IUU vessel into the
next level such as investigation up to arrested and put the sanction.
Second, within the RPOA MCS network the participating countries conduct
cooperative operation on MCS activities. The RPOA encourage its participating
countries to conduct cooperative operations on MCS activities through technical
cross-visit, training, and coordinated patrol activity at sea especially through the
79
bilateral cooperation. It is like have been done between Indonesia and Australia
which both of them are the member of the sub-regional networks of Arafura and
Timor Seas. Thus cooperative activities not only lead to better detection of IUU
fishing directly such as through patrol at sea, it also increase the capacity building
of fisheries officers in which it also impacted to the easier detection of IUU vessels
since the officers has the better capacity to prevent IUU fishing through better
management of MCS and handle the IUU offenders better since they have more
knowledge and management in doing the investigation, so the IUU fishing
offenders could obtain appropriate punishment in line with what they did.
Third, in practicing the core action strengthening the MCS system through
MCS Networks, the RPOA participating countries also promote the practice of
other RPOA Action Plan such as coastal state responsibilities, flag state
responsibilities, and port state measures. As the follow up of the outcome of MCS
activity resulted from the networks, the RPOA encouraged its participating
countries to take action in relation to their own flagged fishing vessels that
conducting illegal activity within each other’s waters, as well as take action to
foreign IUU fishing vessels that enter their waters by conducting inspection,
denying port access, and eradication of IUU fishing vessels. Thus will strengthen
the effort of RPOA and its participating countries in combating IUU fishing.
In conclusion, the RPOA MCS networks has supports Indonesia's efforts in
combating IUU fishing by its involvement through the Ministry of Marine Affairs
and Fisheries in as one of participating country both in regional and sub-regional of
RPOA MCS networks. The support of RPOA MCS networks particularly in term
of technical and capacity building on MCS. However, there still several weaknesses
that could be found which will undermine the RPOA and its member effort in
combating IUU fishing through the MCS networks. Thus, the recommendation
which need to be considered to enhance effort of combating IUU fishing such as:
increasing the number of meeting, training, workshop, join patrol and other
activities that related with MCS, both in sub-regional and sub-regional MCS
networks, especially in the sub-regional of Eastern Area of the South China Sea and
the Sulu-Sulawesi Seas, so it could bring more positive impact to support Indonesia
80
in combating IUU fishing. Each of the RPOA participating countries also need to
strengthening the commitment towards its coastal state responsibilities through
fixing and improve the fisheries and MCS legislation, program, facilities and
infrastructure in order to decreasing the number of IUU fishing practice especially
those illegal activity that conducted by their own flagged IUU vessels.
81
BIBLIOGRAPHY
A. Books and Journal Articles
Braid, R. J. (2004). Illegal, Unreported, and Unregulated Fishing: An Analysis of
the Legal, Economic, and Historical Factors Relevant to its Development
and Persistence. Melbourne Journal of International Law, 5(2), 229-335.
Fabra, A., & Gascón, V. (2008). The Convention on the Conservation of Antarctic
Marine Living Resources (CCAMLR) and the Ecosystem Approach. The
International Journal of Marine and Coastal Law, 23(3), 567-598.
doi:10.1163/092735208x331854
Jaelani, A. Q., & Basuki, U. (2014). Illegal Unreported and Unregulated (IUU)
Fishing: Upaya Mencegah dan Memberantas Illegal Fishing dalam
Membangun Poros Maritim Dunia. Supremasi Hukum, 3(1), 168-192.
Liss, C. (2007). The Privatisation of Maritime Security - Maritime Security in
Southeast Asia: Between a rock and a hard place?
Liss, C. (2013). New Actors and the State: Addressing Maritime Security Threats
in Southeast Asia. CONTEMPORARY SOUTHEAST ASIA, 35(2), 141-
162. doi:10.1355/cs35-2a
Muhamad, S. V. (2012). Illegal Fishing di Perairan Indonesia: Permasalahan dan
Upaya Penanganannya Secara Bilateral di Kawasan. Politica, 59-83.
Sani, M. A., & Zengeni, K. T. (2014). International Relations. Kuala Lumpur,
Malaysia: Pearson Malaysia Sdn Bhd.
Setyadi, Y. W. (2014). Upaya Megara Indonesia dalam Menangani Masalah
Illegal Fishing di Zona Ekonomi Eksklusif Indonesia.
Österblom, H., Bodin, O., Sumaila, R., & Press, A. J. (2014). Reducing Illegal
Fishing in the Southern Ocean: A Global Effort. Solutions, 5(4), 72-79.
B. Official Documents and Reports
Australia Country Report 2012 for RPOA 5th Coordination Committee Meeting.
(2012). The Department of Agriculture and Water Resources of Australian
Government.
Australia Country Report on the 5th MCS Sub-Regional Group (Arafura and
Timor Seas) Meeting. (2015). The Department of Agriculture and Water
Resources of Australian Government.
Australia Country Report on the 6th MCS Sub-Regional Group (Arafura and
Timor Seas) Meeting. (2016). The Department of Agriculture and Water
Resources of Australian Government.
Kusuma, I., Halomoan, B., et al., (2011). Regional Plan of Action Activities 2006-
2011. Jakarta, Indonesia: The Ministry of Marine Affairs and Fisheries of
Republic Indonesia.
Indonesia Country Report for the 9th Coordination Committee Meeting. (2016). Ministry of Marine Affairs and Fisheries Republic Indonesia.
82
Indonesia Country Report for the RPOA 9th Coordination Meeting. (2016).
Ministry of Marine Affairs and Fisheries Republic of Indonesia.
Indonesia Country Report on the 6th MCS Sub-Regional Group (Arafura and
Timor Seas) Meeting. (2016). Ministry of Marine Affairs and Fisheries
Republic Indonesia.
Kusuma, I. (n.d.). Indonesia Efforts in Combating IUU Fishing. Ministry of
Marine Affairs and Fisheries of Republic of Indonesia.
Malaysia Country Report 2012 for RPOA 5th Coordination Committee Meeting.
(2012). Department of Fisheries Malaysia Putrajaya.
Regional Plan of Action (RPOA) to Promote Responsible Fishing Practice
including Combating IUU Fishing in the Southeast Asia Region: RPOA
2007 to 2013 – An evaluation. (2013). The Secretariat of RPOA.
Regional Plan of Action to Promote Responsible Fishing Practice including
Combating Illegal, Unreported and Unregulated Fishing in the Region.
(2007). The Secretariat of RPOA.
Rencana Strategis (RENSTRA) Direktorat Jenderal Pengawasan dan Perikanan
(PSDKP) Tahun 2015-2019. (n.d.). Ministry of Marine Affairs and
Fisheries of Republic of Indonesia
Report of the 3rd Meeting of Sub-Regional Arafura and Timor Seas. (2013). The
Secretariat of RPOA.
Report of the 6th Sub regional Meeting on Regional Plan of Action (RPOA) and
Illegal, Unreported and Unregulated (IUU) Fishing in the Southern and
Eastern Areas of the South China Sea and The Sulu-Sulawesi Seas.
(2015). The Secretariat of RPOA.
The MCS Sub-Regional (Arafura and Timor Seas Group: Summary of Outcomes
against 2013 Key IUU Issues and Action Plan. (2014). The Secretariat of
RPOA.
The MCS Sub-Regional (Arafura and Timor Seas Group: Summary of Outcomes
against 2014 Key IUU Issues and Action Plan. (2015). The Secretariat of
RPOA.
The Summary Report of the 6th Coordination Committee Meeting of the Regional
Plan of Action (RPOA) to Promote Responsible Fishing Practices
including Combating IUU Fishing in the Southeast Asia Region. (2013).
The Secretariat of RPOA.
The Summary Report of the 7th Coordination Committee Meeting of the Regional
Plan of Action (RPOA) to Promote Responsible Fishing Practices
including Combating IUU Fishing in the Southeast Asia Region. (2014).
The Secretariat of RPOA.
C. Website
Adrian, B., & Angkasa. (n.d.). Kelautan dan Permasalahan Indonesia. Retrieved
from
http://202.146.4.40/read/newsprint/103/indo.defence.diharap.memacu.indu
stri.pertahanan
83
Business Dictionary. (n.d.). Definition and meaning: What is research
methodology? Retrieved from
http://www.businessdictionary.com/definition/research-methodology.html
Captain Somjade Kongrawd. (n.d.). IUU Fishing: Definition, Problems and
Overcoming. Retrieved from http://www.judge.navy.mi.th/PDF/IUU.pdf
Capture fisheries production (metric tons) | Data. (n.d.). Retrieved from
http://data.worldbank.org/indicator/ER.FSH.CAPT.MT?end=2014&start=
1960&view=chart
Conservation of Antarctic Marine Living Resources. (n.d.). About CCAMLR.
Retrieved from https://www.ccamlr.org/en/organisation/about-ccamlr
Directorate General of Surveillance for Marine and Fisheries Republic of
Indonesia. (n.d.). Info Terkini: Pengawasan Mendukung Kedaulatan
Pengelolaan Sumber Daya Kelautan dan Perikanan. Retrieved from
http://djpsdkp.kkp.go.id/2014/arsip/c/271/PENGAWASAN-
MENDUKUNG-KEDAULATAN-PENGELOLAAN-SUMBER-DAYA-
KELAUTAN-DAN-PERIKANAN/?category_id=20
FAO - News Article: Shining a spotlight on illegal fishing. (n.d.). Retrieved from
http://www.fao.org/news/story/en/item/47812/icode/
Food and Agriculture Organization of the United Nations. (n.d.). FAO Fisheries
& Aquaculture - Country Profile. Retrieved from
http://www.fao.org/fishery/facp/IDN/en
Food and Agriculture Organization of United Nations. (2003). FAO calls for
intensified action to combat illegal fishing. Retrieved from
http://www.fao.org/english/newsroom/news/2003/25379-en.html
Food and Agriculture Organization of United Nations. (n.d.). Fisheries and
Aquaculture Country Profiles: The Republic of Indonesia. Retrieved from
http://www.fao.org/fishery/facp/IDN/en
Indonesia sinks the IUU fishing vessel Viking. (2016). Retrieved January 1, 2017,
from http://minister.agriculture.gov.au/ruston/Pages/Media-
Releases/indonesia-sinks-iuu-fishing-vessel-viking-.aspx
IUU Vessel – RPOA-IUU. (n.d). Rertieved from http://www.rpoaiuu.org/iuu-
vessel/
Jokowi: Indonesia Rugi Rp300 Triliun Akibat Pencurian Ikan - Poskota News.
(n.d.). Retrieved from http://poskotanews.com/2015/11/22/jokowi-
indonesia-rugi-rp300-triliun-akibat-pencurian-ikan
Kronologi Penangkapan Kapal FV Viking. (n.d.). Retrieved from
http://www.tnial.mil.id/tabid/79/articleType/ArticleView/articleId/27696/
Default.aspx
Listing Procedure – RPOA-IUU. (n.d.). Retrieved from
http://www.rpoaiuu.org/listing-procedure/
Meeting Document – RPOA-IUU. (n.d). Rertieved from
http://www.rpoaiuu.org/meeting-document/
National Interest: Meaning, Components and Methods. (n.d.). Retrieved from
http://www.yourarticlelibrary.com/international-politics/national-interest-
meaning-components-and-methods/48487/
84
Nugraha, P. S. (2015). Artikel Penyuluhan: Permasalahan dan Strategi
Penanggulangan IUU Fishing di Perairan Indonesia. Retrieved from
http://pusluh.kkp.go.id/arsip/c/1858/?category_id=2
Organizational Structure – RPOA-IUU. (n.d.). Retrieved from
http://www.rpoaiuu.org/organizational-structure/
PSDKP - Direktorat Jenderal Pengawasan Sumberdaya Kelautan dan Perikanan.
(2016). Info Terkini: KOMITMEN NEGARA KAWASAN DALAM
PEMBERANTASAN IUU FISHING. Retrieved from
http://djpsdkp.kkp.go.id/arsip/c/418/KOMITMEN-NEGARA-
KAWASAN-DALAM-PEMBERANTASAN-IUU-FISHING/
Urbina, I. (2015). A Renege Trawler, Hunted for 10.000 Miles by Vigilantes.
Retrieved from www.nytimes.com/2015/07/28/world/a-renegade-trawler-
hunted-for-10000-miles-by-vigilantes.html?_r=0
D. Others
Direktorat Konservasi dan Taman Nasional Laut. (n.d.). Profil Konservasi
Sumberdaya Ikan Kini dan Mendatang: Konservasi Kawasan Perairan
Indonesia Bagi Masa Depan Dunia. Ministry of Marine Affairs and
Fisheries of Republic of Indonesia.
Food and Agriculture Organization of the United Nations. Fisheries and
Aquaculture Department. (2007). The state of world fisheries and
aquaculture, 2006. Rome: Food and Agriculture Organization of the
United Nations.
Food and Agriculture Organization of the United Nations. (2001). International
plan of action to prevent, deter, and eliminate illegal, unreported, and
unregulated fishing.
In Mazalina, A., Kawamura, H., Masaya, K., Abdul, R. L., Mohd, T. A., &
Somboon, S. (2015). ASEAN guidelines for preventing the entry of fish
and fishery products from IUU fishing activities into the supply chain
[Paper].
Martini, M. (2013). U4 Expert Answer: Illegal, unreported and unregulated
fishing and corruption. Paper presented at U4 Anti-Corruption Resource
Centre.
Ministry of Marine Affairs and Fisheries of Republic of Indonesia. (2015). Mina
Bahari, 431.
Ministry of Marine Affairs and Fisheries Regulation No. KEP. 50/MEN/2012
concerning the National Plan of Action to Prevent, Deter, and Eliminate
Illegal, Unreported, and Unregulated Fishing year 2012-2016. (n.d.).
Ministry of Marine Affairs and Fisheries of Republic of Indonesia.
Ministry of Marine Affairs and Fisheries Regulation No. PER.15/MEN/2012
concerning the Strategic Plan of Ministry of Marine Affairs and Fisheries
year 2010-2014. (n.d.). Ministry of Marine Affairs and Fisheries of
Republic Indonesia.
S. Rajasekar, S., Philominathan, P., & Chinnathambi, V. (2013, October 14).
Research Methodology. Retrieved from
http://arvix.org/pdf/physic/0601009.pdf
85
Palma, M. A. (2006). Analysis of the Adequacy of the Philippine Legal, Policy,
and Institutional Framework to Combat Illegal, Unreported, and
Unregulated Fishing (Doctoral dissertation, University of Wollongong,
Australia). Retrieved from http://ro.uow.edu.au/theses/589.
The Habibie Centre. (2014). Talking ASEAN: Developing ASEAN Cooperation on
Fisheries Management: Tackling IUU Fishing in the Region.
86
APPENDIX
Appendix 1: Action Plan on Fisheries Resources Management & Monitoring Control & Surveillance (MCS) Identified under the Group
of Sub-regional Southern & Eastern South China Sea and Sulu Sulawesi Seas
No. Sub regional issues Proposed Activities/Programs Current/Future Initiative Responsible bodies Potential partners Timeline
1. Large number of
variously flagged
fishing vessels
operating in Southern
and Eastern Area of
South China Sea and
Sulu Sulawesi Sea
1. Develop information sharing
system and database on
- fishing vessels licenses (24
meters in length and over);
- laws & regulations;
- IUU fishing;
- notification of innocent
passage.
1. Regional fishing vessels
records for vessels starting
from 24 meters in length
and over
2. Regional technical
consultation on RFVR 2 –
4 July 2015 in Thailand
RPOA Secretariat &
SEAFDEC
On going
2. Enter into appropriate sub-regional
arrangements to promote the
elimination of IUU fishing
3. Sub-regional collaboration
RPOA Secretariat 2015
3. Technical cross-visit to countries
that has successfully implemented
MCS programmes.
4. Technical visits &
meetings
- Monetary support
RPOA Secretariat USAID-RDMA?
2015-2017
4. Joint border coordinated patrol 5. Joint surveillance for
countries with shared
maritime boundaries –
RPOA Secretariat as
(Coordinator) and all
Member Countries to
have bilateral
arrangement
On-going on
bilateral basis
87
No. Sub regional issues Proposed Activities/Programs Current/Future Initiative Responsible bodies Potential partners Timeline
2. Unreported
transhipping activities
1. Joint coordinated patrol 1. Joint surveillance for
countries with shared
maritime boundaries
member countries
through bilateral
arrangement
On going on
bilateral basis
2. Develop a trans-boundary MCS
network to promote the sharing of
information and to coordinate
regional activities to support the
promotion of responsible fishing
practices including Live Fish Trade
(LFT)
2. Develop sub-regional
network
CTI-TWG EAFM
2016
3. Compulsory use of VMS for
vessels 24 meters in length and
over
3. Establishment of VMS
central monitoring - VMS
in hotspot areas
member countries On going
4. Implementation of sub-regional
catch certification scheme (to learn
from EU scheme)
4. Expert consultation on
catch certification scheme
for RPOA MCs
RPOA Secretariat as
(Coordinator) and all
Member Countries to
have bilateral
arrangement
SEAFDEC
USAID-RDMA? 2017
3. Unauthorised
use/transfer of one
1. Develop information sharing
system and database on
1. Regional fishing vessels
records for vessels starting
RPOA Secretariat &
SEAFDEC
On going
88
No. Sub regional issues Proposed Activities/Programs Current/Future Initiative Responsible bodies Potential partners Timeline
license between
multiple fishing vessel
- fishing vessels licenses (24
meters in length and over);
- laws & regulations;
- IUU fishing;
- notification of innocent
passage.
from 24 meters in length
and over
2. Regional technical
consultation on RFVR 2 –
4 July 2015 in Thailand
2. Enter into appropriate sub-regional
arrangements to promote the
elimination of IUU fishing
3. Sub-regional collaboration
RPOA Secretariat 2015
3. Technical cross-visit to countries
that has successfully implemented
MCS programmes.
4. Technical visits &
meetings
- Monetary support
RPOA Secretariat USAID-RDMA?
2015-2017
4. Joint border coordinated patrol
5. Joint surveillance for
countries with shared
maritime boundaries –
CTI and RPOA
Secretariat as
(Coordinator) and all
Member Countries to
have bilateral
arrangement
On-going on
bilateral basis
4. Bunkering mean the
unregulated and illegal
provision of supplies,
materials and fuels or
other to fishing
vessels.
Sharing of information among MCs,
by developing a good communication
network/system
Joint surveillance for countries
with shared maritime
boundaries
RPOA Secretariat as
(Coordinator) and all
Member Countries to
have bilateral
arrangement
On-going on
bilateral basis
5. Unreported catches
from illegal fishing
activities
Coordinated patrolling involving
multi-maritime agencies
Coordination through
communication among MCs
RPOA Secretariat as
Coordinator and all
Member Countries to
On-going
89
No. Sub regional issues Proposed Activities/Programs Current/Future Initiative Responsible bodies Potential partners Timeline
have bilateral
arrangement
6. Unreported and
misreported catches
from licensed fishing
vessels
Implementation of sub-regional catch
certification scheme. ( to learn
experience from EU scheme)
1. Expert consultation on
catch certification scheme
for RPOA MCs (can be
combined with item
no.2.2)
RPOA Secretariat
and member
countries
2017
2. Stakeholders’ awareness
campaign on the
importance of data for
resource management
RPOA Secretariat
and member
countries
On-going
7. Fraudulent licensing
and registration
activities
1. Develop information sharing
system and database on
- fishing vessels licenses (24
meters in length and over);
- laws & regulations;
- IUU fishing;
- notification of innocent
passage.
1. Regional fishing vessels
records for vessels starting
from 24 meters in length
and over
2. Regional technical
consultation on RFVR 2 –
4 July 2015 in Thailand
RPOA Secretariat &
SEAFDEC
On going
2. (a) MCs to implement a pilot
project on the use of chip (RFID)
to detect the unauthorized vessels
2. (a) No current initiatives
RPOA Secretariat
and member
countries
To be aligned
with FAO’s
phased
implementation
(b) (alternatively, RPOA MCs to
participate in FAO global record
on fishing vessels)
(b) FAO initiatives on global
fishing vessel record
RPOA Secretariat
and member
countries
To be aligned
with FAO’s
phased
implementation
90
No. Sub regional issues Proposed Activities/Programs Current/Future Initiative Responsible bodies Potential partners Timeline
8. Limited human and
institutional capacity
within relevant
government agencies
to effectively
implement MCS.
1. Trainings on:
i. MCS
ii. fishery management
iii.Port State Measures
Agreement
iv.VMS
v. flag state and coastal state
responsibilities
1. Provide training on
fisheries regime in
implementing MCS
(sub-regional secretariat to
coordinate the need of
ToR/concept paper)
RPOA Secretariat, Australia?, SEAFDEC,
USAID Indonesia, NOAA-
Law Enforcement?, CTI-
EAFM/SSME
2015
2. Technical cross-visit to countries
that has successfully implemented
MCS programmes.
2. Technical visits & meetings
- Monetary support
RPOA Secretariat
USAID-RDMA? 2015-2017
3. Expert consultation on MCS
among RPOA MCs
3. to coordinate the need of
ToR/concept paper
RPOA Secretariat 2016
9. Lack of stakeholder
(i.e industry)
engagement in MCS
and general fisheries
management.
1. Capacity building on EAFM
through exchange visits and
sharing indigenous /local
knowledge, awareness program
and regular consultation among
MCs & agencies
1. Increase capacity
building and more
frequent engagement
with stakeholders
Member countries,
RPOA Secretariat
CTI-EAFM / WWF / SSME
On-going
2. Application of relevant objectives,
activities, implementation
mechanisms and guiding
principles (i.e. CTI and FAO) of
the CTI-CFF EAFM general
2. Member countries,
RPOA Secretariat
CTI / SSME / WWF?
On going
91
No. Sub regional issues Proposed Activities/Programs Current/Future Initiative Responsible bodies Potential partners Timeline
concept, policy, strategy and
prioritised actions for specific
sites intervention, including
spatial planning.
3.Undertake surveys, fact-findings
and researches (including
scientific research, biological and
physical oceanographic surveys)
on matters that will effectively
create and implement the EAFM
regime
Member countries,
RPOA Secretariat
CTI / SSME / WWF?
On going
4. Technical consultation on EAFM
for RPOA Member countries
Technical consultation
Member countries,
RPOA Secretariat
CTI / SSME / WWF?
On going
5. Regional and national consultants
to jointly develop and implement
capacity building programme to
effectively implement the EAFM
regime.
Stakeholder consultation
Member countries,
RPOA Secretariat
CTI / SSME / WWF?
On going
6. Policy development on the
implementation of EAFM regime.
Development of policy on
EAFM
CTI-EAFM Completed in
2014
10. Impacts on shared/
migratory and
endangered fish stocks
(including other
1. To conduct stock assessment on
shared/migratory species
1. Proposal on tuna project
SEAFDEC, member
countries, RPOA
Secretariat
On going
92
No. Sub regional issues Proposed Activities/Programs Current/Future Initiative Responsible bodies Potential partners Timeline
associated and
dependent species
such as sea turtles,
sharks, dolphin,
dugong, whales)
across region.
2. To establish NPOAs for sea turtles,
sharks, dolphin, dugong, whales
and other for endangered species
2. NPOA turtle, sharks and
dugong
member countries,
RPOA Secretariat
On going
11. Status of Fishery
Resources and fishery
Management
1. Gap analysis on fisheries
management in the sub-region.
Member countries,
RPOA Secretariat,
SEAFDEC
On going
2. Sharing of experience in fisheries
management practices among
Member Countries
Under SEAFDEC publications Member countries,
RPOA Secretariat,
SEAFDEC
On going
93
Appendix 2: RPOA Action Plan
94
95
96
97
98
99